Delhi High Court restrains use of 'Dialmytrip' mark after MakeMyTrip sues for trademark infringement

The Delhi High Court recently restrained a company from using the mark ‘Dialmytrip’ in respect of tours, travel, hospitality, and allied services after it found that the mark was deceptively similar to that of online travel company ‘MakeMyTrip’ [MakeMyTrip India Private Limited v Dialmytrip Tech Private Limited]..Justice Prathiba M Singh noted that both Dialymytrip and MakeMyTrip were involved in online business relating to travel and that Dailymytrip’s business and name was likely to be perceived as an extension of MakeMyTrip.Such confusion is also likely to lead to dilution of the plaintiff’s (MakeMyTrip) mark, name and brand equity, the Court underscored.“Accordingly, 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 ordered.It further said that as far as the financial, banking, insurance and other services and use of the corporate name by Dialmytrip is concerned, the same shall be considered on a later date after the defendant enters appearance in the matter.In so far as issuing the interim injunction without waiting for the appearance of the defendant, the Court noted that "in cases relating to trademark violations and passing off, if the evidence establishes a prima facie case, even at the ex-parte stage, injunction ought to be granted.".MakeMyTrip had approached the High Court seeking an injunction against Dialmytrip arguing that the latter has been using the mark for financial and other services but recently they expanded into tours and travel sector as well.Makemytrip said it is aggrieved by the use of the name, mark and domain name Dialmytrip by the defendant. It was stated that the latter is also a significant part of the corporate name..After considering the case, Justice Singh held that the plaintiff has made out a prima facie case and that the balance of convenience also lay in their favour. “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. She, therefore, passed the injunction order..Make My Trip was represented through advocates J Sai Deepak, Mohit Goel, Sidhant Goel and Abhishek Kotnala. None appeared for the defendants. .[Read Order]