Delhi High Court<\/b>: In a huge relief to the \u201cMake my trip (India) Pvt.Ltd\u201d, a pioneer in online travel industry, who had filed the suit against the defendants, who were also providing the services of online traveling and bookings, seeking interim injunction to restrain the defendants from using mark \u201cmakyMytours.com\u201d and the logo \u201cMy\u201d, the Court restrained the defendants from using the impugned marks and held that the marks used by defendants are not only virtually identical to the well-known marks of the plaintiff, but are also colourable imitation of the plaintiff\u2019s logo, therefore, it is deemed that defendants were aware of the goodwill and reputation attached to the marks of the plaintiff and visual identity between the plaintiff and defendants marks reflects upon the intention of the defendants to trade upon the reputation and goodwill enjoyed by the plaintiff in its marks.<\/p>\n
In the instant case, where the plaintiff are represented by Prashant Gupta and Kanishk Kumar, they contended that by virtue of prior adoption, substantial expenditure on promotion, long, continuous and extensive use in India, the marks have acquired a secondary meaning in the business and trade, qualifying them as well-known marks under Section 2(1); (zg) and 11(6) of the Trade Marks Act, 1999 and entitled for protection.<\/p>\n