The court allowed Google ads to use Makemytrip as a keyword again

The Delhi High Court overturned a temporary ruling by a single judge and allowed Google to continue using 'Makemytrip' (MMT) and 'MMT' as keywords in its Ads Program.

The origin of this legal tussle lies in MMT's argument that Google, by permitting its competitor 'Booking.com' to employ MMT's registered trademarks as keywords, was violating its intellectual property rights. In simpler terms, when you searched 'Makemytrip' on Google, an ad for Booking.com popped up. MMT wasn't having it, so they took Google and Booking.com to court, claiming it messed with their registered trademark.

Initially, a single judge of the Delhi High Court, in June 2022, agreed with MMT, claiming that Booking.com's use of MMT's trademarks for advertising constituted a breach of MMT's intellectual property rights. The judge contended that Google was leveraging the goodwill associated with MMT by allowing its competitor to utilize MMT's trademarks as keywords. Additionally, the judge held that using trademarks as keywords amounted to an unfair advantage.

However, the division bench's following ruling presented a contrasting perspective. Referring to a prior case involving DRS logistics, the bench said that using trademarks as keywords for advertising is acceptable as long as it doesn't confuse people or give unfair advantages. The court highlighted that MMT itself participated in the Google Ads program and argued against Booking.com's ads appearing as sponsored links when users searched for MMT.

The court expressed its inability to accept MMT's claim of a unique right based solely on the Trademark Act. To support this perspective, the court highlighted that Booking.com is a well-known platform in the travel services domain, and users are unlikely to be misled into thinking that the services offered by Booking.com are affiliated with MMT.

The court concluded that MMT cannot claim such rights under the Trademark Act and disproved the notion that users might be misled by Booking.com's advertisements. This legal development sheds light on the fine intersection of trademarks and online advertising, establishing a precedent that hinges on the absence of confusion or unfair advantage.

So now as the courts have allowed you might see a Booking.com ad when you search for MakeMyTrip

Until then...

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