MakeMyTrip, one of India's leading online travel companies, has taken its trademark battle against the Google Ads program to the Supreme Court. The company has filed a plea claiming that its trademark is being infringed upon through the use of sponsored links by its competitor, Booking.com.

At the heart of the issue is Booking.com's purchase of the 'MakeMyTrip' keyword on the Google Ads program, which results in sponsored links to Booking.com appearing in Google search results for 'MakeMyTrip.' MakeMyTrip argues that this practice diverts its business to a direct competitor and constitutes trademark infringement.

The plea filed by MakeMyTrip is an appeal against a December 2023 order of a division bench of the Delhi High Court, which held that such use of trademarks on the Google Ads program does not amount to infringement or passing off under the Trade Marks Act, 1999.

MakeMyTrip contends that allowing competitors to bid for its trademark as keywords on the Google Ads program dilutes the distinctive character it has built over the past 24 years. The company argues that this practice creates an association between MakeMyTrip and its competitors, causing detriment to its brand.

The plea also questions the legality of the division bench's decision to reverse an ad interim injunction order issued by a single judge. MakeMyTrip asserts that Google did not even respond to its application for an injunction before the single judge but instead chose to appeal directly to the division bench. Booking.com, on the other hand, did not file any appeal.

MakeMyTrip argues that the division bench's decision disregarded established legal principles regarding appellate jurisdiction and failed to properly address the findings of the single judge. The company maintains that there was a prima facie view in favor of its claim to exclusive trademark use, which was not rebutted by Booking.com.

The matter is set 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.

Representing Google before the Delhi High Court were Ira Law and Mason & Associates, while Booking.com was represented by Khaitan & Co.

Case: MakeMyTrip v. Google LLC and ors.