MakeMyTrip v. Google & Booking.com

"In the auction of search terms, prominence doesn’t equal ownership."

Short Description :

MakeMyTrip (MMT) challenged Google and Booking.com, arguing that Booking.com’s use of “MakeMyTrip” as a keyword in Google Ads misled users and infringed its trademark. The Delhi High Court and, subsequently, the Supreme Court rejected this, holding that using a competitor’s trademark as an online advertising keyword—without confusion, misleading conduct, or unfair advantage—does not constitute infringement or passing off.

Facts :

⦁ MakeMyTrip alleged that Booking.com and Google were using its registered trademarks (“MakeMyTrip,” “MMT”) as Google Ads keywords to promote Booking.com’s services, thereby capitalizing on MMT’s reputation.

⦁ A Single Judge of the Delhi High Court initially granted an interim injunction restraining Booking.com and Google from using the MakeMyTrip mark.

⦁ On appeal, the Division Bench overturned that interim order, relying on precedent (Google LLC v. DRS Logistics) concluding that using trademarks as keywords—absent confusion or unfair advantage—is permissible.

Findings :

⦁ Delhi High Court (Division Bench) :

Held that keyword use does not constitute trademark infringement or passing off when there’s no misleading or unfair advantage.

⦁ Supreme Court (2024) :

Dismissed MMT’s appeal, affirming there’s “no deception at all” and no likelihood of users confusing Booking.com with MakeMyTrip.

Emphasized that using a competitor’s trademark as a keyword does not infringe unless it deceives or misleads the average internet user.

Judgment :

All claims by MakeMyTrip were rejected. Google and Booking.com were legally free to bid on “MakeMyTrip” as a keyword, provided there was no confusion or intentional misuse.

Suggestion / Legal Implication

⦁ Keyword bidding by competitors is not per se infringement; legality depends on consumer perception, clarity, and absence of deception.

⦁ Trademark law in the digital context emphasizes actual confusion, not mere association or bidding.

⦁ Advertisers and platforms must ensure that keyword use does not mislead users or obtusely ride on another’s goodwill.