Trademark case: High Court grants interim relief to Makemytrip.com

By: |
New Delhi | December 29, 2014 7:41 PM

In an interim relief to Makemytrip.com, the Delhi High Court has restrained an online travel firm...

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.

Get live Stock Prices from BSE, NSE, US Market and latest NAV, portfolio of Mutual Funds, Check out latest IPO News, Best Performing IPOs, calculate your tax by Income Tax Calculator, know market’s Top Gainers, Top Losers & Best Equity Funds. Like us on Facebook and follow us on Twitter.

Financial Express is now on Telegram. Click here to join our channel and stay updated with the latest Biz news and updates.

Next Stories
1MSME, other retailers expect full recovery in retail sales by October to pre-pandemic levels
2Airtel secures TDSAT stay on DoT’s Rs 1,376 cr demand
3Byju’s acquires US-based coding platform Tynker