Dominick Pizza Severely Tarnishing Business & Trademark Of Domino's Pizza: Delhi High Court Grants Interim Relief

Granting interim relief to Domino's, the Delhi High Court has restrained an outlet namely Dominick Pizza from using deceptively similar and identical trademark registered in favour of the famous pizza outlet.

Justice Pratibha M Singh observed that it was clear from the manner of listings of social media platforms and online ordering platforms that the name and business of Dominick Pizza was being confused as that of Domino's outlets.

"The reviews of the consumers on Google Reviews, also re-affirms this fact that apart from the confusion that is taking place, there is severe tarnishment and dilution of the Plaintiffs' mark and business. Accordingly, as per the facts and circumstances of this matter, the Plaintiffs have made out a prima facie case in their favour for grant of an ex-parte ad interim injunction," the Court said.

The Court was dealing with a suit filed by Domino's seeking injunction against Dominick Pizza, having three outlets i.e., two at Ghaziabad, Uttar Pradesh (at Indirapuram and Raj Nagar Extension) and third in Punjab.

Domino's sought protection of its mark 'Domino's Pizza', and the accompanying device mark, logo mark, as also the marks 'Cheese Burst' and 'Pasta Italiano'.

Granting ex-parte ad interim injunction in favour of Domino's, the Court restrained Dominick Pizza from advertising, selling or marketing any product or any documentation using or displaying the impugned marks 'Dominick Pizza', 'Cheese Burst' and 'Pasta Italiano' till the next date of hearing.

The Court also ordered suspension of domain names www.dominickpizza.com and www.dominickpizzas.com.

"Compliance of Order XXXIX Rule 3 CPC be effected within two weeks," the Court directed, while posting the matter for hearing on November 24.

Case Title: DOMINOS IP HOLDER LLC & ANR v. MS DOMINICK PIZZA & ANR.

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