MakeMyTrip - Google Ads trademark case reaches Supreme Court

A plea has been filed before the Supreme Court by online travel company, MakeMyTrip (petitioner) claiming that its trademark is being infringed through the Google Ads program [MakeMyTrip v. Google LLC and ors]..Notably, Booking.com had made the highest bid and purchased the 'MakeMyTrip' keyword on the Google Ads Program. As a result, the online travel company has pointed out that Google search results for 'MakeMyTrip' as a keyword would include sponsored links to Booking.com which is a direct competitor.MakeMyTrip has raised a grievance over its business being diverted to a competitor through the use of such sponsored links. Meanwhile, Google is paid by the advertiser (Booking.com in this case) every time an internet-user clicks on such a sponsored link, MakeMyTrip argued..The plea by MakeMyTrip is an appeal against a December 2023 order of a division bench of the Delhi High Court which had held that such use of trademarks on the Google Ads program would not amount to infringement or passing off under the Trade Marks Act, 1999.MakeMyTrip has now challenged this division bench ruling before the Supreme Court, contending that such a stance would have unimaginable and far-reaching negative consequences for the travel company, particularly since it is a purely online business platform.“Hon'ble Division Bench failed to consider that by permitting competitors of the Petitioner (MakeMyTrip) to select and bid for MakeMyTrip as keywords on the Google Ads Program, Respondents/Defendants (Google, Booking.com) cause dilution and blurring by arousing an association between MakeMyTrip and its competitors, thereby causing detriment to the distinctive character of MakeMy Trip built over the past 24 years,” the plea added..MakeMyTrip has also questioned whether the division bench could have passed the December 2023 order on an appeal by Google against an ad interim order of a single-judge.MakeMyTrip has submitted that Google did not even reply to its application before the single-judge for an injunction, but instead chose to directly filed an appeal against the single-judge's interim order before a division bench. Booking.com did not file any appeal, it has been pointed out.MakeMyTrip has, therefore, argued that the division bench’s decision to reverse the single-judge’s ad interim injunction order was in complete disregard of the law laid down in Supreme Court judgments regarding the exercise of appellate jurisdiction..Among other grounds, it has argued that the division bench did not even properly deal with the findings of the single-judge. There was a prima facie view and a presumption in favour of MakeMyTrip’s claim to exclusive trademark use which has not been rebutted by Booking.com, the plea before the Supreme Court added..The matter is likely to be heard by a Supreme Court bench led by Chief Justice of India DY Chandrachud on Thursday. The plea was filed by Sim And San, Attorneys at Law on behalf of MakeMyTrip through its Advocates-on-Record, Parekh & Co. Ira Law and Mason & Associates had represented Google before the Delhi High Court. Booking.com was represented by a team from Khaitan & Co, led by Ankur Sangal, Partner along with Pragya Mishra, Principal Associate, and Amrit Sharma, Associate before the Delhi High Court.