The Supreme Court has refused to entertain a petition filed by MakeMyTrip (MMT) against the order passed by the Division Bench of Delhi High Court (DHC), in which the DHC rejected the contention of trademark infringement by Booking.com through Google Ads program, by noting that a case of “passing-off” of trademark would not arise in the present case. Booking.com, one of the competitors of MMT, had made the highest bid & purchased the ‘MakeMyTrip’ keyword on Google Ads Program, which according to the DHC, does not amount to infringement or passing off of trademark under the Trade Marks Act, 1999.
