The Supreme Court Dismisses MakeMyTrip’s Trademark Claim Against Google

In a decision with potential implications for online advertising practices, the Supreme Court of India has dismissed a trademark infringement claim filed by travel booking platform MakeMyTrip against Google and its advertising program, Google Ads.

MakeMyTrip had challenged the December 2023 ruling by the Delhi High Court, which denied their request for an injunction against Google and Booking.com. The travel company argued that Booking.com's use of MakeMyTrip's trademarks ("MakeMyTrip" and "MMT") as keywords in Google Ads constituted trademark infringement. They claimed this practice misled users and diverted potential customers to Booking.com.

However, the Supreme Court, led by the Chief Justice of India, disagreed with MakeMyTrip's argument. The court found that even though Booking.com's sponsored ad might appear alongside search results for "MakeMyTrip" or "MMT" due to Google Ads, it was unlikely to cause user confusion. The court reasoned that users specifically seeking to use MakeMyTrip wouldn't be misled by Booking.com's ad, even if it appeared first due to bidding practices within the Google Ads program.

This landmark decision sets a precedent for future cases concerning trademark use in online advertising. It suggests that the mere presence of a competitor's ad triggered by a trademarked keyword wouldn't automatically be considered trademark infringement, especially when the context and user experience clearly distinguish between the advertised options.

While the Supreme Court's ruling doesn't favor MakeMyTrip in this specific case, it raises broader questions about the potential for user confusion within online advertising platforms and the evolving legal landscape surrounding trademarks in the digital age. This case highlights the need for a nuanced approach when evaluating trademark claims in the context of online advertising practices.