A plea filed by MakeMyTrip, the online travel booking portal, alleging trademark infringement by Booking.com through Google Ads, was recently dismissed by the Supreme Court of India. 

The plea, contending that Booking.com's use of the 'MakeMyTrip' trademark in sponsored links on Google Search results diverted traffic to its direct competitor, was presented by Senior Advocates Mukul Rohatgi and Gaurav Pachnanda. 

However, doubts regarding the likelihood of confusion between the services offered by MakeMyTrip and Booking.com were expressed by the bench, led by Chief Justice of India DY Chandrachud, with Justices JB Pardiwala and Manoj Misra. 

It was emphasized by the court that users seeking MakeMyTrip's services would unlikely navigate to Booking.com, thus ruling out the possibility of confusion. Consequently, the plea was dismissed. 

This legal dispute stemmed from Booking.com's purchase of the 'MakeMyTrip' keyword on the Google Ads program, resulting in sponsored links to Booking.com appearing in search results for 'MakeMyTrip.' MakeMyTrip objected to this practice, asserting that it diverted its business to a competitor and benefited Google with each click on the sponsored links. 

Previously, in December 2023, the Delhi High Court division bench had ruled that Booking.com's use of the 'MakeMyTrip' trademark did not constitute infringement or passing off under the Trade Marks Act, 1999. MakeMyTrip challenged this ruling before the Supreme Court, questioning its correctness and the process by which it was made.

Despite MakeMyTrip's objections, the Supreme Court bench dismissed the plea, with Senior Advocate Rohatgi clarifying that the matter had been disposed of and arguing against characterizing the division bench's ruling as an interim order. 

The dismissal, however, came with a clarification from the bench that it would not affect further proceedings before the single judge, ensuring that the motion hearing before the single judge could proceed independently. 

MakeMyTrip's plea was filed by Sim And San, Attorneys at Law, through its advocate-on-record firm, Parekh & Co while Google was represented by Ira Law and Mason & Associates, and Booking.com was represented by Khaitan & Co. before the Delhi High Court. 

Case: MakeMyTrip India Private Limited vs Google LLC and ors