Back
NAVIN CHAWLA
Make My Trip (India) Private Limited – Appellant
Versus
Owners of https://www. makemytripmood. com – Respondent
JUDGMENT :
1. The present suit has been filed by the plaintiff praying for a decree of permanent injunction against the defendants, restraining them from using the marks/logos ‘MAKEMYTRIPMOOD’,
the domain name http://www.makemytripmood.com or any other marks deceptively similar to the plaintiff’s registered ‘MakeMyTrip’ trade marks (hereinafter referred to as the ‘MakeMyTrip Marks’),which would amount to either infringement, passing off, dilution, tarnishment of the plaintiff’s ‘MakeMyTrip’ marks, or unfair competition. The ‘MakeMyTrip Marks’ of the plaintiff are reproduced hereinbelow:-
FACTUAL BACKGROUND
2. It is the case of the plaintiff-company that it is one of the largest travel companies in India, with its pan-India presence as also international presence, in countries including the United States of America, the European Union, Australia and the United Kingdom amongst others.
3. The plaintiff was originally incorporated on 13.04.2000. Vide fresh Certificate of Incorporation dated 02.08.2000, the plaintiff changed its name to ‘Makemytrip.com Pvt Ltd.’. Subsequently, the plaintiff changed its name to its present name, ‘MakeMyTrip (India) Pvt. Ltd’. The plaintiff, through its domain
Right of a proprietor in a domain name is entitled to equal protection, applying principles of trade mark law.
The court affirmed the plaintiffs' rights against infringement and passing off, validating their trademarks through established goodwill and allowing for summary judgment due to the defendant's non-a....
Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes.
The plaintiff's rights as the registered proprietor of a well-known trademark were upheld, and the court applied the principles of trademark law to establish infringement and passing off by the defen....
The main legal point established is the protection of registered trademarks under the Trade Marks Act, 1999, and the court's authority to grant a permanent injunction, change of company names, and aw....
The court ruled that generic terms, such as 'YATRA', do not confer exclusive rights, rejecting claims of trademark infringement due to the lack of established secondary meaning.
The main legal point established in the judgment is the application of the Trade Marks Act, 1999, to determine trademark infringement, likelihood of confusion, and the balance of convenience and irre....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
