Delhi High Court’s Ruling Safeguards MakeMyTrip’s Brand Identity, Prohibits Dialmytrip’s Use of Similar Name

Delhi High Court’s Ruling Safeguards MakeMyTrip’s Brand Identity, Prohibits Dialmytrip’s Use of Similar Name

The Delhi High Court has barred Dialmytrip from using the mark ‘Dialmytrip’ for tours, travel, hospitality, and related services, citing its deceptive similarity to the well-established brand name ‘MakeMyTrip’

Justice Prathiba M Singh observed that since both Dialymytrip and MakeMyTrip were engaged in online travel-related businesses, it was likely that Dailymytrip’s business and name would be construed as an extension of MakeMyTrip.

The Court asserted that such confusion is also likely to result in the dilution of the plaintiff’s (MakeMyTrip) mark, name, and brand equity.

The Court has prohibited the defendant from using the mark or name ‘Dialmytrip’ in connection with tours, travel, hospitality, and all other services. The defendant owns two domain names, www.dialmytrip.com and www.dmtgroup.in. The first domain name cannot be used for tours, travel, hospitality, hotels, cabs, or any other travel-related services. However, the Court allowed the defendant to use the second domain name, www.dmtgroup.in, for such services.

The Court also stated that the defendant’s use of the corporate name “Dialmytrip” and its provision of financial, banking, and insurance services will be addressed at a later date after the defendant has formally appeared in the case.

To address the defendant’s absence, the Court cited the principle that in cases involving trademark infringement and passing off, if the evidence establishes a prima facie case, even at the ex-parte stage, an injunction should be granted.

MakeMyTrip petitioned the High Court for an injunction against Dialmytrip, alleging that Dialmytrip had been using the name for financial and other services but had recently expanded into the tours and travel sector.

MakeMyTrip expressed its grievance over the defendant’s illegal use of the name, mark, and domain name ‘Dialmytrip,’ particularly since the latter forms a substantial part of the defendant’s corporate name.

Upon examining the case, Justice Singh found that the plaintiff had presented a prima facie case and that the scales of justice tipped in their favour, saying, "In the opinion of this court, the marks Makemytrip and Dialmytrip are confusingly similar with each other. Especially considering the manner in which online business relating to travel is conducted, the Defendant’s business and name is likely to be perceived as an extension of the Plaintiff’s well-known business or as an affiliate/connected business. Such confusion is also likely to lead to dilution of the Plaintiff’s mark and name as also brand equity,” Justice Singh observed and granted the injunction.

MakeMyTrip was represented by advocates J. Sai Deepak, Mohit Goel, Sidhant Goel, and Abhishek Kotnala, while no representatives appeared for the defendants.