MakeMyTrip accuses EaseMyTrip on name-identical Adword infringement

Indian online travel company, MakeMyTrip has claimed that EaseMyTrip's use of Google Adword is in direct violation of the trademark law and has raised the cost of its Google Search Network advertisements in retaliation.

The Delhi High Court will be deciding if the use of Google Adword identical to the competition's brand name could possibly violate intellectual property rights (IPR). Travel portal MakeMyTrip has made Google a party to the case it has filed against EaseMyTrip over the Adword 'makemytrip'. MakeMyTrip claims EaseMyTrip's use of the Adword is in violation of the trademark law and has raised the cost of its Google Search Network advertisements. The court will be hearing the case in May.

This is perhaps the first time that Google has been made a party to a legal suit by a major internet commerce company in India, according to a media report. MakeMyTrip claims the brand-name identical Adword that its rival uses makes it costlier for it to come on top for every search result on its own name. The Gurugram-based company listed on Nasdaq feels it is unfair when rivals bid for its name and divert traffic to their platform, the report on The Times of India says.

Previously, the Competition Commission of India (CCI) had fined Google for 'search bias' and abuse of 'dominant position' following complaints from a matrimony website. "The competitive bidding on brand's wordmark raises the cost per click on Google platform by up to three-to-four times," the report quoted an unidentified industry executive as saying. MakeMyTrip has also taken up the matter with the government's Department for Promotion of Industry and Internal Trade during stakeholder consultations on draft e-commerce policy earlier this month, according to the report.

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