The Delhi High Court has restrained various restaurants from using the marks “Dominic Pizza” and “Domindo Pizza” while selling pizzas as well as in their packaging and menu cards in a trademark infringement suit filed by Domino’s.
Justice Mini Pushkarna further directed Swiggy and Zomato to de-list the listings of the outlets from their platforms.
The Court said that Domino’s demonstrated a prima facie case for grant of injunction and that in case no ex-parte ad-interim injunction is granted, it will suffer an irreparable loss.
“Defendant nos. 1 to 5, its proprietors, partners, directors, officers, servants, agents, franchisers and all others acting for and it behalf, are restrained from advertising, selling, offering for sale, marketing etc. any product, packaging, menu cards and advertising material, labels, stationery articles, website or any other documentation using, depicting, displaying in any manner whatsoever, the marks/names “Dominic Pizza”, ‘Domindo Pizza” or any other mark, which is identical or deceptively similar to the plaintiff’s registered marks, in any manner whatsoever, amounting to infringement of the plaintiffs trademarks…,” the Court said.
Domino’s submitted that the defendant outlets had unauthorizedly adopted impugned tradenames which were deceptively similar to its registered trademarks.
It was stated that such activities of the defendants amounted to infringement of Domino’s statutory rights as per Section 29 of the Trade Marks Act, 1999.
It was further submitted tha by using the impugned trademarks phonetically, visually and verbally similar kr identical to Domino’s erstwhile name “Dominick Pizza”, as well as the deceptively similar name ‘Domindo Pizza’ in connection with a fast-food restaurant, the defendants were guilty of duping the general public.
“In the above circumstances, the plaintiffs have demonstrated a prima facie case for grant of injunction and, in case, no ex-parte ad-interim injunction is granted, the plaintiffs will suffer an irreparable loss. Further, balance of convenience also lies in favour of the plaintiffs, and against the defendants,” the Court said.
Title: DOMINOS IP HOLDER LLC & ANR. v. M/S DOMINIC PIZZA & ORS.
