April 27, 2022

Use Of Registered Mark By Competitors As Keyword In Google Ads Program Prima Facie Infringement Under Trademarks Act

  • COURTDelhi High Court
  • TITLE/CORAM MAKEMYTRIP INDIA PRIVATE LIMITED v. BOOKING.COM B.V & ORS HMJ Prathiba M. Singh
    CS (COMM) 268/2022
    &
    I.A 6443-47/2022

The Delhi High Court recently granted injunction in favour of Make My Trip while observing that use of its registered mark by competitors even as metatags is an infringement under Trademarks Act and that third party bidding on trademarks as sponsored keywords for use by internet search engines can constitute misrepresentation. The Court also noted that the balance of convenience lies in the favour of the Plaintiff and if the injunction is not granted, Defendant and other competitors would continue to bid for its mark `MakeMyTrip' on a daily basis resulting in severe prejudice to the Plaintiff, its mark, its brand equity and its brand equity and its business.

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