In an interim relief to Makemytrip.com, the Delhi High Court has restrained an online travel firm from using its trademark and logo for travel bookings.
Justice Manmohan Singh restrained Make My Tours Pvt Ltd and others from using “deceptively similar” trademark till February 13, next date of hearing.
The court said that “from comparison of the marks” it is clear that the impugned marks used by the defendants are not only virtually identical but are also “colorable imitation” of the logos.
“Considering the facts of the present case as well as settled law applicable to the present case, this court is of the opinion that the plaintiff has been able to make out a strong prima facie case in its favour and the balance of convenience also lies in favour of the plaintiff and against the defendants.
“The use of the impugned marks (Makemytours, and the logo) by the defendants would cause irreparable loss and injury to plaintiff, in case interim order is not passed. Accordingly, till the next date of hearing (Feb 13), defendants, jointly and severally, by themselves, their partners, servants, agents, representatives and all those acting in concert with them or claiming under or through them or otherwise howsoever, are restrained from using the impugned marks (Makemytours, and the logo)…,” the court said.
According to Makemytrip.com, in the last week of October it came across the website www.makemytours.com which was providing information regarding tours, packages, flight tickets and booking services, identical to it.