In an appeal, MakeMyTrip, a leading online travel operator, filed before the Supreme Court, alleged that the Google Ads programme infringed on its trademark rights. The company claims that Booking.com, a competitor, has been able to purchase the 'MakeMyTrip' keyword through Google Ads, leading to sponsored links to Booking.com appearing in Google search results for the keyword.
MakeMyTrip asserts that this practice diverts its business to a competitor and dilutes the distinctive character it has built over its 24 years of operation. The company contends that Google's auction-based system, where advertisers bid on keywords, allows competitors to associate themselves with MakeMyTrip, causing confusion among consumers.
This legal battle stems from a December 2023 judgement by a division bench of the Delhi High Court, which ruled that trademarks in the Google Ads programme did not constitute infringement under the Trade Marks Act of 1999. MakeMyTrip has now appealed to the Supreme Court, challenging this decision and questioning the appellate jurisdiction exercised by the division bench.
MakeMyTrip argues that the division bench failed to adequately consider the implications of allowing competitors to bid for its trademark as keywords. The company also raises concerns about Google's appeal process, alleging that Google chose to appeal directly to the division bench instead of responding to MakeMyTrip's plea for an injunction before a single judge.
The case, set to be heard by a Supreme Court panel led by Chief Justice of India DY Chandrachud, highlights the complex legal issues surrounding trademark usage in online advertising. MakeMyTrip contends that its exclusive rights to its trademark have not been adequately protected, and it seeks a ruling that will prevent competitors from using its trademark in sponsored links.
This legal battle between MakeMyTrip, Google, and Booking.com is poised to have significant implications for the online travel industry and the interpretation of trademark laws in the digital age.
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