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SC dismisses MakeMyTrip appeal against Google over trademark

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New Delhi: The Supreme Court on Thursday dismissed online travel company MakeMyTrip India’s plea seeking to restrain Google LLC and Google India from using its trademark in promoting the business of rivals Booking Netherlands and Booking India.

MakeMyTrip had alleged infringement of its trademark by Google on its Google Ads programme. It argued that when its name was searched via the Google search bar, quite often the first advertisement category was that of Booking.com.

A bench led by Chief Justice DY Chandrachud said there was no likelihood of any confusion as claimed by MakeMyTrip because its users would visit its website and it was unlikely that they would end up on Booking.com. It said there was no scope of confusion between the services offered by MakeMyTrip and Booking Netherlands and Booking India. “There is no possibility of any confusion. If you want to work on MakeMyTrip, then why will you log into Booking.com? This is not an issue which is res integra. They are not using your mark as well,” the bench said. Google and Booking.com had opposed MakeMyTrip’s appeal, saying there was no confusion as Google Ads were being auctioned, and no preference was being given.

A division bench of the Delhi High Court in December had lifted an interim restriction, imposed by a single judge, on Google LLC and Google India, online travel companies Booking Netherlands and Booking India from using MakeMyTrip as a keyword in the Google Ads programme.

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