Delhi High Court Restrains Travel Booking Company From Using 'Dialmytrip' Mark In Trademark Infringement Suit By MakeMyTrip

The Delhi High Court has restrained a travel and hotel booking company from using “Dialmytrip” mark in respect of tour, travel, hospitality and other services in a trademark infringement suit filed by online travel company MakeMyTrip.

Justice Prathiba M Singh said that the marks "MakeMyTrip" and "Dialmytrip" are confusingly similar with each other and granted ex-parte ad interim injunction in favor of MakeMyTrip.

“Especially considering the manner in which online business relating to travel is conducted, the Defendant's (Dialmytrip) 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 court opined.

It restrained Dialmytrip from using the domain name "www.dialmytrip.com" in respect of tour, travel, hospitality, hotels cabs or any other travel related services. However, the court allowed it to use "www.dmtgroup.in" in respect of such services.

“At this stage, prima facie, this Court is inclined to restrain the Defendant from using the mark 'Dialmytrip' in respect of tour, travel, hospitality and all other services. Balance of convenience in the present case lies in favour of the Plaintiff considering that it is a well-known company in the travel business who has built its goodwill and reputation throughout the years, if an injunction is not granted in the present case it will lead to irreparable loss to the Plaintiff,” said the court.

Makemytrip in its suit alleged that the use of "Dialmytrip" in respect of any services would constitute infringement, passing off and dilution of its mark "MakeMyTrip".

“Accordingly, the Defendant is restrained from using the using the mark/name 'Dialmytrip' in respect of tour, travel, hospitality and all other services,” Justice Singh ordered.

Counsels for Plaintiff: Advocates J Sai Deepak, Mohit Goel, Sidhant Goel and Abhishek Kotnala

Counsel for Defendant: None

Case Title: MAKEMYTRIP INDIA PRIVATE LIMITED v. DIALMYTRIP TECH PRIVATE LIMITED

Citation: 2023 LiveLaw (Del) 1205

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