Delhi High Court - Orders
Google Llc vs Makemytrip (India) Private Limited & ... on 23 November, 2023
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~32 & 33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 147/2022, CAV 155/2022, CM
APPL. 27148/2022 & CM APPL. 27149/2022
GOOGLE LLC ..... Appellant
Through: Mr. Sandeep Sethi, Sr.
Adv. with Mr. Neel
Mason, Mr. Vihan Dang,
Ms. Ekta Sharma, Ms.
Aditi Umapathy, Ms.
Pragya Jain & Ms. Riya
Kumar, Advs.
versus
MAKEMYTRIP (INDIA) PRIVATE LIMITED & ORS.
..... Respondents
Through: Mr. Amit Sibal, Sr. Adv.
with Mr. Mohit Goel, Mr.
Sidhant Goel, Mr.
Deepankar Mishra & Ms.
Rakshita Singh, Advs.
Mr. Arun Kathpalia, Sr.
Adv. with Mr. Aditya
Gupta, Mr. Raunaq
Kamath, Mr. Rahul Bajaj,
Mr. Sauhard Alung & Ms.
Diksha Gupta, Advs. for
R-4.
+ FAO(OS) (COMM) 148/2022 & CM APPL. 27356/2022
GOOGLE INDIA PRIVATE LIMITED ..... Appellant
Through: Mr. Arun Kathpalia, Sr.
Adv. with Mr. Aditya
Gupta, Mr. Raunaq
Kamath, Mr. Rahul Bajaj,
Mr. Sauhard Alung & Ms.
Diksha Gupta, Advs.
versus
FAO(OS) (COMM) 147/2022 & connected matter Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/11/2023 at 21:53:41
MAKEMYTRIP (INDIA) PRIVATE & ORS.
..... Respondents
Through: Mr. Amit Sibal, Sr. Adv.
with Mr. Mohit Goel, Mr.
Sidhant Goel, Mr.
Deepankar Mishra & Ms.
Rakshita Singh, Advs.
Mr. Sandeep Sethi, Sr.
Adv. with Mr. Neel
Mason, Mr. Vihan Dang,
Ms. Ekta Sharma, Ms.
Aditi Umapathy, Ms.
Pragya Jain & Ms. Riya
Kumar, Advs. for R-4
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 23.11.2023
1. Considerable time has elapsed since these appeals were heard. Thereafter, this Court had rendered judgment (in Google LLC v. DRS Logistics (P) LTD. & Ors.: 2023:DHC:5615-DB) which, prima facie, substantially covers the issues raised in the present appeals.
2. Since the said judgment was rendered after the submissions were heard in this case, this Court considers it apposite to seek the assistance of the learned counsel once again in regard to any of the issues of law that were not covered by the aforesaid judgment.
3. Mr. Amit Sibal, learned senior counsel appearing for the respondents submits that one of the questions of law that requires to be answered is whether the presumption under Section 29(3) of the Trade Marks Act, 1999 would be attracted in the present case where trademark is used as a keyword in respect of identical FAO(OS) (COMM) 147/2022 & connected matter Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/11/2023 at 21:53:41 services.
4. Mr. Sandeep Sethi, learned senior counsel appearing for the appellant submits that the said question may arise.
5. We have briefly heard the counsel on this aspect. The learned counsel want to address further submissions.
6. List for further proceedings on 12.12.2023.
VIBHU BAKHRU, J AMIT MAHAJAN, J NOVEMBER 23, 2023 "SK"
FAO(OS) (COMM) 147/2022 & connected matter Page 3 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/11/2023 at 21:53:42