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.“
Source: Barandbench
