The Supreme Court delivered a decisive verdict on Thursday, dismissing MakeMyTrip’s Trademark Claim of infringement against Google. At the heart of the dispute was MakeMyTrip’s contention that Google’s search results unfairly elevated Booking.com over itself, despite both companies bidding for ad space.
MakeMyTrip argued that Google’s practices gave Booking.com undue prominence, thus benefiting from MakeMyTrip’s established brand reputation. They claimed this amounted to trademark infringement under the Google Ads program.
In response, the apex court ruled against MakeMyTrip, stating there was no substantial evidence of consumer confusion. The court upheld a December 2023 Delhi High Court decision that overturned a previous ruling favoring MakeMyTrip. According to the higher court, the use of trademarks in Google Ads did not violate trademark laws.
Earlier, a single bench of the Delhi High Court had suggested in May 2022 that Booking.com’s use of ‘MakeMyTrip’ as a keyword in Google Ads could potentially infringe on MakeMyTrip’s trademark. However, this view was not upheld in subsequent hearings.
During proceedings in the Supreme Court, MakeMyTrip reiterated its stance that Google’s search results unfairly favored Booking.com, while Google and Booking.com argued that their practices were transparent and in compliance with auction-based advertising rules. They emphasised that MakeMyTrip’s trademark claim visibility was not compromised in search results.
The Supreme Court’s decision sets a precedent in the realm of online advertising and trademark disputes, highlighting the complexities of protecting intellectual property in the digital age.
The court’s ruling underscores the importance of substantiating claims of consumer confusion with robust evidence. This case highlights the challenges companies face in protecting their brand identities within the complex dynamics of digital advertising. As online advertising continues to evolve, businesses must remain vigilant in understanding the legal frameworks governing ad space bidding and keyword use to safeguard their trademarks effectively.
For businesses navigating the intricate landscape of trademark protection in the digital realm, expert legal assistance is invaluable. Vakilsearch offers comprehensive trademark registration and legal services to ensure your brand remains protected against potential infringements. Our experienced team provides tailored solutions to meet your specific needs, guiding you through the complexities of trademark law with precision and expertise. Safeguard your brand with Vakilsearch and stay ahead in the competitive digital marketplace.
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