MAKEMYTRIP INDIA PRIVATE LIMITED  Plaintiff  Vs. DIALMYTRIP TECH PRIVATE LIMITED             Defendant

CS(COMM) 815/2023   (CORAM: JUSTICE PRATHIBA M. SINGH)

Facts: In the present suit, the grievance of the Plaintiff is that the Defendant is using the mark and name ‘Dialmytrip’ in respect of financial and other services but the Defendant has recently expanded its services to tours and travel as well. The Plaintiff is aggrieved by the use of the impugned name, mark and domain name dialmytrip by the Defendant. The Defendant is a company engaged in similar business as that of the Plaintiff providing travel related services including selling and booking tickets, hotel reservations as also arranging trips both in India and Internationally. The Defendant is operating through its website with the domain name ‘www.dialmytrip.com’ and ‘www.dmtgroup.in’. The Plaintiff avers that it became aware of the Defendant’s business and use of the mark in May, 2023 during its regular check on trade mark registry website.

Issue: Whether the defendant should be restrained from using domain name ‘www.dialmytrip.com’?

Arguments on behalf of counsel for plaintiff:

The submission of Mr. Sai Deepak, ld. Counsel for the Plaintiff is that the mark MakeMyTrip has already been protected against misuse, by use of marks such as ‘PickMyTrip’ vide order dated 31st October, 2018 in CS (COMM) 1210/2018 titled MakeMy Trip (India) Pvt. Ltd. v. Priyadarshini Air Wings Pvt. Ltd., and ‘MyTripBazaar’ vide judgment dated 27th February, 2020 in CS (COMM) 430/2019 titled MakeMyTrip (India) Pvt. Ltd. v. MTB Travel Planner Pvt. Ltd. and Anr. Etc. The submission is that the use of ‘Dialmytrip’ in respect of any services would constitute infringement, passing off and dilution of the Plaintiff’s mark ‘MakeMyTrip’.

Held: The court disposed off the present suit holding that, “the Defendant is restrained from using the using the mark/name ‘Dialmytrip’ in respect of tour, travel, hospitality and all other services. The Defendant has two domain names www.dialmytrip.com and www.dmtgroup.in. The first domain name shall not be used in respect of tour, travel, hospitality, hotels cabs or any other travel related services. The Defendant is, however, free to use the second domain name www.dmtgroup.in in respect of such services.”

The court observed that, “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.