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.

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. This is an application seeking leave to file select documents in a sealed cover. These documents have been perused by the Court and they set out the daily budget of the Plaintiff on the Google Ads Program.

9. Considering that the Defendant No.1 is one of the biggest competitors of the Plaintiff, the documents shall be kept in a sealed cover. I.A.6444/2022 is disposed of.

CS (COMM) 268/2022

10. Let the plaint be registered as a suit.

11. Issue summons to the Defendants through all modes upon filing of Process Fee.

12. The summons to the Defendants shall indicate that the written statement(s) to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statements, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statements shall not be taken on record.

13. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

14. List before Court on 27th July, 2022.

I.A.6443/2022 (u/O XXXIX Rules 1 & 2 CPC)

15. This suit is one amongst a large number of suits, which have been filed before this Court by various trademark owners seeking protection from misuse of the trademarks by their competitors, who use the trademarks for the purpose of getting greater visibility of their own advertisements on Google searches in order to promote their own services. Two such cases, namely, CS(COMM)- 392/2019 titled Cars24 Services Pvt. Ltd. v. Girnarsoft Automobiles Pvt. Ltd. and CS(COMM) 155/2022 titled Upcurve Business Services Pvt. Ltd. v. Easy Trip Planners Pvt. Limited are currently part-heard before this Court.

16. The Plaintiff - MakeMyTrip (India) Pvt. Ltd. has filed the present suit for permanent injunction seeking protection of its registered trademarks 'MakeMyTrip' and its variants. It is the case of the Plaintiff that the Plaintiff's marks are being used by Defendant No.1- Booking.com B.V. as keywords on the Google Ads Program for promoting Defendant no.1's services as advertisements when search results are displayed on the Google search engine.

17. In the present case, the domain name www.makemytrip.com, was registered by the Plaintiff way back in May, 2000. The Plaintiff is the registered owner of the trademark 'MakeMyTrip' in various classes 9, 35, 39 & 43 since the last several years. In the application bearing number 2149947 for the registration of the mark 'MakeMyTrip'