Delhi High Court: While granting ex-parte temporary injunction in favour of Make My Trip, observed: 28. From comparison of the marks, it is clear that the impugned marks used by the defendants in the course of their business, are not only virtually identical to the plaintiff’s well-known MMT marks, but are also colorable imitation of the MMT logos. Besides, both the plaintiff and the defendants are providing identical services, being travel booking service and, therefore, the defendants are deemed to have been aware of the goodwill and reputation of the plaintiff in the MMT marks and MMT logos. The visual identity between the defendants mark and the logo and the plaintiff’s mark and logo, seems to be motivated by an intention to trade upon and benefit from the reputation and goodwill enjoyed by the plaintiff in its MMT marks. 29. It is evident from the material placed on record that the MMT marks and MMT logos of the plaintiff are identified and associated in the public mind with the plaintiff. Defendants’ use and promotion of virtually identical impugned marks for identical services creates a false sense of affiliation or collaboration or nexus between the plaintiff and the defendants in the minds of the public. Such use by the defendants is likely to cause confusion and deception and is bound to mislead the public to believe that the source of the defendants’ services is the plaintiff. Make My Trip (India) Pvt. Ltd. Versus Make My Tours Pvt. Ltd. & Ors., CS(OS) 4039/2014, Order dated: 23.12.2014
Posted on: Fri, 09 Jan 2015 08:45:00 +0000
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