The Supreme Court has rejected MakeMyTrip’s petition against Google, alleging trademark infringement. MakeMyTrip accused Google of facilitating its competitor Booking.com through sponsored links.
However, the apex court dismissed the appeal, stating that Booking.com does not violate MakeMyTrip’s trademark. According to the court, users searching for MakeMyTrip are unlikely to be directed to Booking.com.
MakeMyTrip had appealed to the Supreme Court against the decision of the Delhi High Court. The high court had ruled that using trademarks in Google Ads does not constitute infringement. Previously, a single judge of the Delhi High Court had suggested that using ‘MakeMyTrip’ as a keyword might amount to trademark infringement.
During the Supreme Court hearing, MakeMyTrip argued that Booking.com gains visibility on Google. However, Booking.com and Google countered that Google Ads are auctioned without preference given. They pointed out that MakeMyTrip does not appear on the screen or in trademark form, refuting the accusation of piggybacking.
