Recently in Make My Trip (India) Private Limited vs. Make My
Travel (India) Private Limited CS(COMM) 889/2018, I.As.
6896/2018 & 8837/2018, the Hon'ble Delhi High Court
discussed the 'doctrine of acquiescence" under the law on
trade marks. The Plaintiff, Make My Trip (India) Private Limited,
filed a suit against use of the marks MAKE MY TRAVEL and MMT, the
tag line DREAMS UNLIMITED and a logo mark by the Defendant, Make My
Travel (India) Private Limited. The Plaintiff alleged trade
mark infringement and passing-off on the basis of its statutory and
common law rights in the trade marks MAKE MY TRIP, MMT and the
taglines 'Memories Unlimited' and 'Hotels
Unlimited'.
The Defendant alleged that there had been email exchanges and
business transactions between the Plaintiff and the Defendant
during the period 2011 to 2017, and the Plaintiff was aware of the
use of the Defendant's use of marks MAKE MY TRAVEL and MMT, the
tag line DREAMS UNLIMITED and a logo mark. Hence,
