Justice Manmohan Singh of Delhi High Court while granting an interim relief to Makemytrip.com, restrained Make My Tours Pvt Ltd and others from using “deceptively similar” trademark and logo for travel bookings. Court restrained Make My Tours and others from using ‘deceptively similar’ trademark till February 13, i.e., the next date of hearing.
“From comparison of the marks” it is clear that the impugned marks used by the defendants are not only virtually identical but are also “colorable imitation” of the logos, court said. Court while considering the facts of the present case as well as settled law applicable to the present case, opined that the plaintiff has been able to make out a strong prima facie case in its favour and the balance of convenience also lies in favour of the plaintiff and against the defendants.
Court observed that, “use of the impugned marks (Makemytours, and the logo) by the defendants would cause irreparable loss and injury to plaintiff, in case interim order is not passed. Accordingly, till the next date of hearing (February 13, 2015), defendants, jointly and severally, by themselves, their partners, servants, agents, representatives and all those acting in concert with them or claiming under or through them or otherwise howsoever, are restrained from using the impugned marks (Makemytours, and the logo)…”.