The Supreme Court declined MakeMyTrip’s plea against Google for alleged trademark infringement. MakeMyTrip accused Google of benefiting its rival Booking.com through sponsored links.
However, the apex court dismissed the appeal, stating that Booking.com isn’t encroaching on MakeMyTrip’s trademark. According to the court, users searching for MakeMyTrip wouldn’t likely end up on Booking.com.
MakeMyTrip had appealed to the Supreme Court against the Delhi High Court’s decision. The high court ruled that using trademarks on Google Ads doesn’t constitute infringement. Previously, a single bench of the Delhi High Court had suggested that using ‘MakeMyTrip’ as a keyword could amount to trademark infringement.
During the Supreme Court hearing, MakeMyTrip argued that Booking.com gains prominence on Google. However, Booking.com and Google countered that Google Ads are auctioned, with no preference given. They stated that MakeMyTrip doesn’t appear on the screen or in trademark form, refuting the accusation of piggybacking.
