MAKE MY TRIP (INDIA) PRIVATE LIMITED (hereinafter\nPlaintiff) sought permanent injunction\nrestraining MAKE MY TRAVEL (INDIA)\nPRIVATE LIMITED (hereinafter Defendant) from adopting and using the trade mark\/trade name ‘Make My Travel’\n(word per se), MMT (letter mark) and the tag line ‘Dreams Unlimited’ and MakeMyTravel\nLogo.<\/p>\n\n\n\n
Plaintiff submitted that the\ninfringement and passing off of Plaintiff\u201fs marks is proved by following\nfactors:<\/p>\n\n\n\n
a) Phonetically, visually,\nstructurally and conceptually the competing marks are identical and\/or\ndeceptively similar.<\/p>\n\n\n\n
b) Identity of idea: The mark\nMakeMyTravel and MakeMyTrip are combination of three words, where first two\nwords are identical and last word \u201ctravel\u201f and \u201ctrip\u201f convey the same meaning,\nidea and concept<\/p>\n\n\n\n
c) Nature of goods and services in\nrespect of which the trademarks are being used are identical.<\/p>\n\n\n\n
d) Class of purchasers likely to use\nservices of the Plaintiffs and the Defendants is the same.<\/p>\n\n\n\n
Defendant submitted that Plaintiff\nand its officials were aware that Defendant had incorporated a company by name\nof Make My Travel (India) Private Limited and is doing business under the name\nof Make My Travel (India) Private Limited, since the year 2010-2011. There have\nbeen several email exchanges between the officials of Plaintiff and officials\nof Defendant during the period 2011 to 2017. Plaintiff has also acquiesced to\nthe use of trade mark\/trade name Make My Travel, MMT and tag line DREAMS\nUNLIMITED and make my travel logo for a continuous period of five years.<\/p>\n\n\n\n
The main thrust of the argument of\nthe Defendant is premised on the ground that Plaintiff\u201fs suit is not bonafide.\nPlaintiff has suppressed material facts, and not disclosed that the Defendant\nand its impugned marks were known to the Plaintiff since the year 2011,\ncontrary to what has been pleaded in the suit.<\/p>\n\n\n\n
The main relief sought in the suit is\nfor permanent injunction restraining infringement of trademarks and passing\noff. Already, the interim injunction dated 17th May 2018 is continuing and the\ncourt has been called upon to deliberate upon the question whether the same\nshould be confirmed or vacated.<\/p>\n\n\n\n
The Court in depth analysed the well\nsettled principles governing the grant of injunction viz. prima facie case;\nbalance of convenience and the harm or injury likely to be caused on account of\nthe impugned acts of the Defendant and tests regarding the infringement. The\nCourt also perused the orders passed by this Court in the case of MakeMyTrip\n(India) Pvt. Ltd. v. Orbit Corporate Leisure Travels (I) Private Limited(supra)\nand the Defendant\u2019s plea of regarding suppression of facts and acquiescence.<\/p>\n\n\n\n
The Court concluded that\nsignificantly, Defendant has no justification or defense for the use of the\ninfringing marks, except for the plea of suppression and acquiescence, both of\nwhich would require a further and deeper scrutiny and examination during the\ncourse of trial. The Court was of the considered opinion that Plaintiff has a\nprima facie case and the balance of convenience also lies in favour of the\nPlaintiff. Irreparable loss would be caused to the Plaintiff if the Defendant\nis not retrained from using the impugned marks.<\/p>\n\n\n\n
Accordingly, the injunction order dated 17th May 2018 was made absolute and shall continue to operate during the pendency of the present suit.<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
MAKE MY TRIP (INDIA) PRIVATE LIMITED (hereinafter Plaintiff) sought permanent injunction restraining MAKE MY TRAVEL (INDIA) PRIVATE LIMITED (hereinafter Defendant) from adopting and using the trade mark\/trade name ‘Make My Travel’ (word per se), MMT (letter mark) and the tag line ‘Dreams Unlimited’ and MakeMyTravel Logo. Plaintiff submitted that the infringement and passing off of Plaintiff\u201fs marks is proved by […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,19],"tags":[],"class_list":["post-253","post","type-post","status-publish","format-standard","hentry","category-judgement","category-trademark"],"_links":{"self":[{"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/posts\/253","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/comments?post=253"}],"version-history":[{"count":2,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/posts\/253\/revisions"}],"predecessor-version":[{"id":257,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/posts\/253\/revisions\/257"}],"wp:attachment":[{"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/media?parent=253"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/categories?post=253"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/tags?post=253"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}