SC rejects MakeMyTrip’s trademark claim against Google

The Supreme Court on Thursday refused to grant relief to the online travel company MakeMyTrip in its claim against Google, alleging trademark infringement through the Google Ads program. 

MakeMyTrip accused Google of benefiting its rival company Booking.com through sponsored links.

The apex court dismissed the appeal, stating that Booking.com is not encroaching on MakeMyTrip's trademark. According to the court, there is no likelihood of confusion as claimed by MakeMyTrip because users intending to visit MakeMyTrip's website wouldn't likely end up on Booking.com.

MakeMyTrip had moved the Supreme Court against the Delhi high court's division bench order in December 2023, which overturned the single bench interim order which favoured the MakeMytrip. 

The high court asserted that the mere use of trademarks on the Google Ads program does not constitute infringement or passing off under the Trade Marks Act, 1999. 

Earlier, a single bench of the Delhi high court had expressed an interim view in May 2022 that the use of a registered mark like 'MakeMyTrip' as a keyword on Google Ads by a competitor like Booking.com could amount to trademark infringement.

During the hearing in the Supreme Court, MakeMyTrip argued that when users search on Google, a picture of Booking.com appears at the top, while MakeMyTrip appears below it. MakeMyTrip claimed that Google charges for this, and Booking.com, by paying these charges, gains more prominence despite using MakeMyTrip's trademark, thus benefiting from its reputation.

In response, Booking.com and Google argued that there is no confusion as Google Ads are auctioned, and there is no preference given. They noted that MakeMyTrip doesn't appear anywhere on the screen or in the trademark form, negating the accusation of piggybacking on MakeMyTrip's reputation.