The Delhi High Court has issued an injunction against various restaurants for unauthorized use of Domino’s trademarks. The Court has specifically restrained entities operating under the names “Dominic Pizza” and “Domindo Pizza” from using these marks in their branding, packaging, and promotional materials. This decision follows a trademark infringement suit filed by Domino’s IP Holder LLC.
Justice Mini Pushkarna, presiding over the case, also directed online food aggregators Swiggy and Zomato to remove listings of these infringing outlets from their platforms. The Court emphasized that Domino’s had established a strong prima facie case for an injunction and would suffer irreparable harm if an immediate injunction was not granted.
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"Defendant nos. 1 to 5, its proprietors, partners, directors, officers, servants, agents, franchisers, and all others acting for and on its behalf, are restrained from advertising, selling, offering for sale, or marketing any product, packaging, or menu card using the names 'Dominic Pizza' or 'Domindo Pizza' or any mark deceptively similar to Domino’s registered trademarks." – Delhi High Court
Domino’s argued that the defendant outlets had unlawfully adopted deceptively similar trade names, causing consumer confusion. The company contended that this practice amounted to a direct infringement of its statutory rights under Section 29 of the Trade Marks Act, 1999.
Domino’s further asserted that the defendants deliberately used names phonetically, visually, and verbally identical to its former name, “Dominick Pizza,” to mislead customers. This tactic, they argued, was an intentional attempt to benefit from the brand’s established reputation.
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"The plaintiffs have demonstrated a prima facie case for the grant of an injunction. If no immediate relief is provided, the plaintiffs will suffer irreparable harm." – Delhi High Court
The Court also granted an exemption from pre-institution mediation under the Commercial Courts Act, 2015, citing the urgency of the matter. This exemption aligns with Supreme Court precedents in similar intellectual property disputes.
Swiggy and Zomato were found to have facilitated the promotion of the infringing businesses by listing them on their platforms. The Court ruled that their role in hosting these listings contributed to the trademark violation and, as a result, mandated the immediate delisting of the infringing businesses.
The Court noted that such listings were particularly misleading for customers with limited technological proficiency, who might unknowingly order from these unauthorized outlets believing them to be associated with Domino’s.
Case Title: DOMINOS IP HOLDER LLC & ANR. v. M/S DOMINIC PIZZA & ORS.
