Delhi High Court: In a huge relief to the “Make my trip (India) Pvt.Ltd”, a pioneer in online travel industry, who had filed the suit against the defendants, who were also providing the services of online traveling and bookings, seeking interim injunction to restrain the defendants from using mark “makyMytours.com” and the logo “My”, the Court restrained the defendants from using the impugned marks and held that the marks used by defendants are not only virtually identical to the well-known marks of the plaintiff, but are also colourable imitation of the plaintiff’s logo, therefore, it is deemed that defendants were aware of the goodwill and reputation attached to the marks of the plaintiff and visual identity between the plaintiff and defendants marks reflects upon the intention of the defendants to trade upon the reputation and goodwill enjoyed by the plaintiff in its marks.
In the instant case, where the plaintiff are represented by Prashant Gupta and Kanishk Kumar, they contended that by virtue of prior adoption, substantial expenditure on promotion, long, continuous and extensive use in India, the marks have acquired a secondary meaning in the business and trade, qualifying them as well-known marks under Section 2(1); (zg) and 11(6) of the Trade Marks Act, 1999 and entitled for protection.
The Court while restraining the defendants from using the impugned marks and the logo and any deceptive variation in relation to their business, products, services as a trade mark or as a part of their trade/corporate name, internet domain name, web address, e-mail address or in any other manner so as to infringe the plaintiff’s statutory trade marks rights or attempt to pass off or enable to pass off their business, products and services as the business, products and services of the plaintiff. Make My Trip (India) Pvt. Ltd. v. Make My Tours Pvt. Ltd., 2014 SCC OnLine Del 7404, decided on 23.12.2014