Court restrains MakeMyIndiaTrip from using deceptively similar marks, protecting MakeMyTrip's established trademark.
In a significant development in trademark law, the Delhi High Court, presided over by Justice Jyoti Singh, has granted an interim injunction in favor of MakeMyTrip (India) Pvt. Ltd. The order restrains M/s MakeMyIndiaTrip from using the mark "MakeMyIndiaTrip" or any other mark deceptively similar to "MakeMyTrip", a registered trademark of the plaintiff. The court found that the defendant's use of the similar mark could lead to confusion among consumers and dilute the goodwill associated with MakeMyTrip.
The decision, dated May 29, 2026, arose from a suit filed by MakeMyTrip, alleging that the defendant's use of "MakeMyIndiaTrip" for similar travel-related services constituted an infringement of their trademark. MakeMyTrip, a pioneer in the Indian online travel industry since its inception in 2000, argued that the addition of "India" by the defendant was insufficient to distinguish the two marks. The court agreed, noting the potential for confusion and the likelihood of the defendant's use misleading prospective customers.
MakeMyTrip has been a market leader with a strong presence in India and internationally. It has a trademark registered in several countries and has built substantial goodwill and reputation over the years. The court acknowledged MakeMyTrip's extensive use and recognition of its mark, highlighting that the defendant's actions were likely in bad faith, aiming to capitalize on MakeMyTrip's established brand identity.
The court also addressed procedural matters, granting the plaintiff exemptions from pre-institution mediation and allowing extensions for filing affidavits and additional documents. The case references included judgments from the Supreme Court and the Division Bench of the Delhi High Court, which supported the plaintiff's request for an exemption from mediation.
The interim injunction prevents M/s MakeMyIndiaTrip from using the disputed mark, trade name, domain name, and any associated email IDs, until further orders. The order underscores the importance of protecting established trademarks from infringement and the court's role in maintaining the integrity of brand identities in the competitive travel industry.
The matter is set for further proceedings, and the court has scheduled the next hearing for October 6, 2026. This ruling reinforces the legal protections available to trademark proprietors and highlights the judiciary's commitment to safeguarding intellectual property rights.
Bottom line:-
Trademark infringement - Interim injunction granted restraining the defendant from using deceptively similar marks and trade names to that of the plaintiff's registered trademark.
Statutory provision(s):
Sections 29 and 31 of the Trade Marks Act, 1999; Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908; Section 12-A of the Commercial Courts Act, 2015; Section 63(4)(c) of Bharatiya Sakshya Adhiniyam, 2023.
MakeMyTrip (India) Pvt. Ltd. v. M/s MakeMyIndiaTrip, (Delhi) : Law Finder Doc id # 2914211
