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PRATHIBA M. SINGH
Makemytrip India Private Limited – Appellant
Versus
Booking. com B. V. – Respondent
ORDER
Prathiba M. Singh, J. (Oral). - This hearing has been done through hybrid mode.
I.A 6446/2022 (for exemption)
2. This is an application seeking exemption from filing original documents. Recording the Plaintiff's undertaking that the inspection of original documents shall be given, if demanded, and that the original documents shall be filed prior to the stage of admission/denial, the exemption is allowed.
3. I.A. 6446/2022 is disposed of.
I.A.6447/2022 (for court fees)
4. This is an application seeking extension of time for filing of court fees. Ld. counsel for the Plaintiff submits that he has deposited the court fee in the treasury. One week time is extended for placing the stamp on record.
5. I. A. 6447/2022 is disposed of.
I.A. 6445/2022 (additional documents)
6. This is an application seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, 'Commercial Courts Act'). The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act.
7. I.A. 6445/2022 is disposed of.
I.A.6444/2022 (sealed cover)
8. T
The use of a registered trade mark as a keyword through Google Ads Program by a competitor constitutes trademark infringement under the Trade Marks Act, 1999.
The use of trademarks as keywords in advertising can constitute infringement under trademark laws, even if not visible to consumers, as it may mislead and divert traffic from legitimate trademark own....
The main legal point established in the judgment is the violation of the interim injunction order and the importance of preventing diversion of traffic from the plaintiff's website to that of a compe....
The main legal point established in the judgment is the finding of trademark infringement and passing off, leading to the award of compensatory and nominal damages to the Plaintiff.
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
The use of trademarks as keywords for promoting a business using a competitor's trademark would be violative of the trademark owner's rights.
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