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Delhi High Court restricts DialMyTrip its name in trademark dispute with MakeMyTrip

The High Court noted that there was a possibility of the defendant’s business and name being perceived as an extention of MakeMyTrip’s own.

The Delhi High Court has restrained Dialmytrip from using its name in respect of tours, travel, hospitality, and all other services. The company must also stop using the domain name www.dialmytrip.com for tour, travel, hospitality, hotel cabs, or any other travel-related services. This restriction has been imposed in a case filed by the online travel company MakeMyTrip seeking an injunction against Dialmytrip, to prevent it from using the name ‘Dialmytrip’, and the domain names ‘www.dialmytrip.com’ and ‘www.dmtgroup.in’. Based on the court order, Dialmytrip previously used to provide financial services under its name and has recently expanded its services to tours and travel as well. In March 2020, Dialmytrip had applied for the trademark DMT (Your Business Buddy) through the corporate name Dialmytrip Tech Pvt. Ltd but MakeMyTrip only learned of the company in May 2023 and sent it a cease and desist letter soon after. How did Dialmytrip respond to the cease and desist? The company responded to the cease and desist in July 2023 stating that it was mainly engaged in providing banking, insurance, and investment allied services and has engaged in these services since 2015. It further noted that it is not substantially involved in tour, travel, and hotel services like the ones provided by MakeMyTrip. Dialmytrip  said that in the 12 months ending in March 2023, tour and travel services contributed to only about 0.8% of its total turnover, which is negligible itself  and also in comparison to MakeMyTrip per minute turnover specifically for tour and travel…

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