In a significant legal development, the Delhi High Court has overturned the injunction imposed on Google and Booking.com, allowing them to resume the use of MakeMyTrip’s trademarks as ‘keywords’ on the Google Ads Programme. The division bench’s ruling, delivered on Thursday (December 14), marked a pivotal moment in the ongoing trademark dispute initiated by travel tech major MakeMyTrip.
The court, in its order, expressed that, “Prima facie, we are unable to accept that MMT can claim any such right on the basis of its rights under the Trademark Act.” The decision underscores the court’s position that MakeMyTrip does not have a substantiated claim to exclusive rights under the Trademark Act.
Furthermore, the court highlighted that since Booking.com is a well-known platform offering travel services, internet users are unlikely to be misled in any manner. This pivotal ruling is expected to have broader implications for trademark-related disputes in the digital realm.
The legal battle began when MakeMyTrip filed a copyright infringement case against Google and Booking.com, alleging that the latter had been unlawfully bidding on the trademarks associated with MakeMyTrip in Google Ads. This alleged infringement resulted in diverted traffic and business from MakeMyTrip to Booking.com.
Justice Prathibha M. Singh, in April 2022, had previously ordered Google to cease offering MakeMyTrip’s trademark as a keyword for bidding. However, the recent decision by the division bench removes this injunction, asserting that Google’s use of the trademarks as keywords does not result in confusion or mislead internet users.
This legal saga exemplifies the complexities and challenges faced by online platforms in the realm of trademarks and digital advertising.
