Delhi HC Sustains Temporary Injunction In Favour Of 'Make My Trip'


In a suit for permanent injunction filed by Make My Trip (India) Pvt. Ltd., to restrain infringement of its trademarks by Make My Travel (India) Pvt. Ltd. (Defendant), the Delhi High Court, while detailing the requisites for a defense of acquiescence, upheld the temporary ad-interim injunction, restraining the Defendant from using the marks 'Make My Travel' and 'MMT', tag line 'Dreams unlimited', website 'www.makemytravelindia.com' and the logo 'Make My Travel'.

Reliance was placed on Hindustan Pencils Private Limited v. India Stationary Products Co., AIR 1990 Del 19, where under the high court had elaborately dealt with the question of delay and acquiescence and held that,

"in order to claim the defence of acquiescence, there should be a tacit or an express assent by the plaintiff to the defendant's using the mark."

Further, in Emcure Pharmaceuticals Ltd. v. Corona Remedies Pvt. Ltd., 2014 SCC OnLine Bom 1064, it was categorically stated by the Bombay High Court that,

"It is essential to the acquiescence doctrine that it is accompanied by an encouragement or an inducement: he who possesses a legal right must have encouraged the alleged violator of that right in acting to the latter's detriment, confident in the knowledge that the former is not asserting his rights against the violator."

With regards a similar case that Make My Trip lost to a travel agency namely, Orbit Corporate Leisure Travels (I) Pvt. Ltd., which operated under the name 'Get My Trip', the court noted that refusal to grant relief to Make My Trip emanated from the fact that the use of the mark 'GetMyTrip' was within its knowledge and was based on an agreement between the two parties.

The court also stated that the adoption of the mark by Make My Travel was "without any cogent explanation" and holding that it "prima facie appears to be dishonest".


 
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