The Travel Giant MakeMyTrip to Face Trial in 11-Year-Old Battle

In a recent turnout of events, the online travel portal giant MakeMyTrip [MMT] along with its CEO and Assistant Vice-President [AVP] are facing trials for trademark fraud. In an 11-year-old case, the company approached the Bombay High Court denied the plea for quashing of criminal charges against the firm. The background of the controversy began in 2010 when Ezeego One Travels and Tours Limited laid allegations against MMT and its AVP Rajesh Dalal for registering various domains with a name similar to Ezeego’s to divert customers to MMT. As per the complaint filed by the Ezeego, MMT had caused loses being calculated to several crores. It also said that the actions of the firm and its AVP, after confirming Dalal’s involvement was made known to the CEO Deep Kalra in 2008. Kalra noted that he was unaware of any such domains before it came to his notice and the issue resolved soon after. 

After the complaint by Ezeego, the matter proceeded to the court ordering an inquiry which was conducted by the cyber police. Following the findings of the investigation, the magistrate court summoned the accused under Section 419 and 420, which relates to cheating, of the Indian Penal Code (IPC) in 2014. The relevant provisions of the Trade Marks Act, 1999 was also added to the said case. MMT challenged the summons before the sessions court and then went in appeal to the High Court. At the High Court, MMT argued that Kalra was unaware of the domain’s registration before this being brought to the notice of MMT, relying upon the record of the exchange of e-mails.

Moreover, it also said that as soon as the domains came to notice steps were taken to undo the damage. The domains blocked and transferred to the original company. The counsel appearing on behalf of MMT deposed that, there is no cause of action to file a case it has already been taken care of’. Apart from the substantive arguments put forth, it also highlighted a procedural delay in the complaint file by Ezeego and a pending suit of defamation filed by the respondents against the petitioner (Ezeego). Therefore, MMT by way of its arguments highlighted and brought on record, the allegations being inspired by ‘trade rivalry’ and ‘dishonest intentions’. 

However, the judge presiding the said matter argued that the arguments put forth by MMT would be entertained best during the trial, given that a prima facie offence was established in investigation of the cyber police. Therefore, Justice SS Shinde refused to interfere with the decisions of the magistrate and sessions court.