Delhi High Court - Orders
Google Llc vs Makemytrip (India) Private Limited & ... on 12 December, 2023
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~29 & 30
* 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. Aditi
Umapathy, Ms. Pragya Jain,
Mr. Ujjawal Bhargava, Ms.
Riya Kumar, Ms. Shreya & Mr.
Sumer, Advs.
versus
MAKEMYTRIP (INDIA) PRIVATE LIMITED & ORS.
..... Respondents
Through: Mr. Amit Sibal, Sr. Adv. with
Mr. Mohit Goel, Sidhant Goel,
Mr. Abhishek Kontala, Mr.
Deepankar Mishra, Mr.
Karmanya Dev Singh, Mr.
Aditya Goel, Mr. Rishabh &
Mr. Saksham, Advs.
Mr. Ankur Sangal & Ms.
Pragya Mishra, Advs. for
Booking.com
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.
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 14/12/2023 at 22:41:53
Raunaq Kamath, Mr. Rahul
Bajaj, Mr. Sauhard Alung &
Ms. Diksha Gupta, Advs.
versus
MAKEMYTRIP (INDIA) PRIVATE & ORS.
..... Respondents
Through: Mr. Amit Sibal, Sr. Adv. with
Mr. Mohit Goel, Sidhant Goel,
Mr. Abhishek Kontala, Mr.
Deepankar Mishra, Mr.
Karmanya Dev Singh, Mr.
Aditya Goel, Mr. Rishabh &
Mr. Saksham, Advs.
Mr. Sandeep Sethi, Sr. Adv.
with Mr. Neel Mason, Mr.
Vihan Dang, Ms. Aditi
Umapathy, Ms. Pragya Jain,
Mr. Ujjawal Bhargava, Ms.
Riya Kumar, Ms. Shreya & Ms.
Suman, Advs. for R-4
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 12.12.2023
1. The learned counsel appearing for the parties have advanced their submissions.
2. Mr Sibal, learned senior counsel appearing for the respondents submits that all issues as raised in the present appeals are covered by the decision of this Court in Google LLC v. DRS Logistics (P.) Ltd. and Ors.: Neutral Citation 2023:DHC:5615-DB. He, however, submits that there are two issues that requires consideration. First, that the use of respondent's trademarks as keywords constituted infringement under Section 29(2) of the Trademarks Act and in terms 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 14/12/2023 at 22:41:53 of Section 29(3) of the Trademarks Act, it is presumed that such use would cause confusion. Second, he submitted that the provisions of Section 29(4) of the Trademarks Act would be applicable in respect of similar goods and services as well.
3. Mr Sethi, learned senior counsel appearing for Google LLC countered the aforesaid submissions.
4. Arguments heard.
5. Order reserved.
VIBHU BAKHRU, J AMIT MAHAJAN, J DECEMBER 12, 2023 RK 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 14/12/2023 at 22:41:54