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Makemy Trip (India) Private Limited vs Easy Trip Planners Private Limited And ... on 21 September, 2020

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(COMM) 1287/2018, I.A. 7129/2020

      MAKEMY TRIP (INDIA) PRIVATE LIMITED
                                                               ..... Plaintiff
                         Through:    Mr. Amit Sibal, Sr. Adv. with
                                     Mr. Sidhant Goel, Mr. Deepakar
                                     Mishra, Mr. Saksham Dhingra &
                                     Mr. Siddant Nath, Advs.

                         versus

      EASY TRIP PLANNERS PRIVATE LIMITED AND ORS.
                                                   ..... Defendants
                    Through: Mr. Jayant K. Mehta, Adv. with
                             Mr. Jaspreet Singh Kapur &
                             Mr. Mayank Sharma, Advs. for D-1
                             Mr. Saransh Jain, Adv. &
                             Ms. Shloka Narayanan, Adv. for D-2
                             Mr. Neel Mason, Ms. Ridhima Pabbi,
                             Ms. Ekta Sharma,
                             Ms. Vennela Reddy and
                             Ms. R. Ramya, Advs. for D-3

      CORAM:
      HON'BLE MR. JUSTICE V. KAMESWAR RAO
                   ORDER

% 21.09.2020 This matter is being heard through video-conferencing.

In terms of order passed by the Court on the last date of hearing, the defendant No.1 through Sh. Naresh Kumar has filed an affidavit. The relevant paragraphs of the affidavit reflecting the stand of the defendant No.1 are reproduced as under:

"3. That vide order dated 13.12.2018, this Hon'ble Court had restrained the defendant No.1, its partners, directors shareholders, assigns in business, affiliates, subsidiaries, agents, broadcasters, representatives, advertisers, franchisees, licensee and/ or all other persons acting on its behalf from bidding for, adopting and using Plaintiffs MakeMyTrip Word Mark, or any deceptive variant thereof, whether with the inclusion of spaces or other special characters in the trademark MakeMyTrip, as an Ad Word Program of Google or any other ad word/key word program in any manner whatsoever.

4. That the Defendant No. 1 filed its written' statement on 07.03.2019 whereby Defendant No. 1 specifically stated without prejudice to its rights and contentions that the Defendant No. 1 had stopped using the words "MakeMyTrip"

since 11th August, 2018 for bidding on the Defendant No. 2 and 3's Adword Program. Even prior to 11th August, 2018, bidding on the said words had been enabled by Defendant No. 1 due to inadvertence for a brief period of time, however, post 11 August, 2020, the status of the keywords "MakeMyTrip", or any deceptive variant thereof, whether with the inclusion of spaces or other special characters such as "Make My trip" or "Make-My-Trip" was changed from "enabled" to "paused" and these keywords were added in negative phrases list. Since the words "MMT" has not been specifically mentioned in the prayer clause in the plaint or the injunction application, the same was missed out from being added in the negative phrases list.

5. That the Defendant No. 1 has no intention of violating the order dated 13.12.2018. The Defendant No. 1 has discontinued to bid for the words "MMT" and the same has been, added in the negative phrases list, without prejudice to its rights and contentions. The Defendant No. 1 Undertakes not to bid for the words "MMT" till the order dated 13.12.2018 is operational and in force.

6. That the Defendant No. 1 regrets any inconvenience caused to this Hon'ble Court due to any unintentional or non- deliberate act of the Defendant No. 1."

The stand of the defendant No.1 is taken on record, and it shall be bound by the same.

Accordingly, the application filed by the plaintiff under Order XXXIX Rule 2A CPC is disposed of.

V. KAMESWAR RAO, J SEPTEMBER 21, 2020/aky