Confusingly Similar To 'MakeMyTrip': Delhi HC Grants Injunction Against 'DialMyTrip' For Trademark Infringement
|The Delhi High Court noted the balance of convenience rules in favour of Make My Trip and granted a temporary injunction against Dial My Trip for trademark infringement.
The Court noted that the marks 'MakeMyTrip' and 'Dialmytrip' are confusingly similar, especially in the online travel business.
The Court also emphasized Plaintiff is a well-known company in the travel industry with established goodwill and reputation over the years. Failure to grant an injunction in the case is deemed likely to result in irreparable loss to the Plaintiff, the Court added.
“In the opinion of this court, the marks Makemytrip and Dialmytrip are confusingly similar with each other. Especially considering the manner in which online business relating to travel is conducted, the Defendant’s business and name is likely to be perceived as an extension of the Plaintiff’s well known business or as an affiliate/connected business. Such confusion is also likely to lead to dilution of the Plaintiff’s mark and name as also brand equity”, the Bench of Justice Prathiba M. Singh observed.
Advocate J. Sai Deepak appeared for the Plaintiff.
Make My Trip, a well-established travel company, filed a lawsuit against Dial My Trip for using the name "Dialmytrip" and the domain names "www.dialmytrip.com" and "www.dmtgroup.in." MakeMyTrip claims to have been operating since 2000 and holds numerous trademarks. They argue that Dialmytrip's use of these names and domain names is likely to confuse consumers and harm MakeMyTrip's reputation.
Defendant, after receiving a cease and desist notice from Plaintiff, applied for registration of the full form 'Dialmytrip' as a mark, which was pending.
The Court noted that the marks 'MakeMyTrip' and 'Dialmytrip' are confusingly similar, especially in the online travel business. Defendant's business might be perceived as an extension of Plaintiff's well-known business, leading to potential dilution of Plaintiff's mark and brand equity.
Therefore, the Court, at the prima facie stage, granted an injunction restraining the Defendant from using the mark 'Dialmytrip' for tour, travel, hospitality, and other services.
Accordingly, the Court listed the matter for March 22, 2024.
Cause Title: Make My Trip India Private Limited v Dial My Trip Tech Private Limited