Domino's Pizza: Delhi High Court Restrains Food Outlets From Using 'Domino', 'Dominoz' Marks, Orders Delisting From Swiggy And Zomato

The Delhi High Court has restrained eight food outlets in the national capital from using Domino, Domino's, Dominon, Domino's, Dominoz, Domino's and Domain's marks after famous multinational pizza restaurant chain Domino's Pizza sued them over trademark infringement.

Justice Sanjeev Narula directed food delivery platforms, Zomato and Swiggy, to delist, takedown and suspend the outlets from their mobile applications and websites.

It was the case of Domino's Pizza that the eight food outlets unauthorizedly adopted trade names which were identical and deceptively similar to its marks.

It was alleged that the impugned marks were being used to operate imitator brand outlets on online delivery platforms. Domino's c;aimed that the food outlets were taking unfair advantage of the search results returned upon typing first string letters of its trade name and mark being Dom, Domi, Domin and Domino.

Justice Narula said that the eight food outlets had utilized the marks that were primarily facie identical prior deceptively similar to Domino's' registered trademarks.

“The Impugned Marks not only replicate all the distinctive elements of the Plaintiffs' registered trademarks but are also phonetically, visually, and structurally akin to them. Moreover, these marks are presented in a manner identical to the Plaintiffs' brand/ trademark “Domino's” on the online platforms managed by Defendants No. 9 (Zomato) and 10 (Swiggy),” the court said.

It added that considering the fact that the impugned marks were associated with food products which are widely marketed and consumed across diverse demographic segments, the potential for misrepresentation carries significant consumer impact.

“Therefore, the Court must apply a more stringent standard in evaluating the probable effects of such misrepresentation on public perception and the integrity of the Plaintiffs' brand identity,” the court said.

Counsel for Plaintiffs: Mr. Shantanu Anand, Mr. Imon Roy & Mr. Pratyush Acharya, Advocates

Title: DOMINOS IP HOLDER LLC & ANR v. MS DOMINO PIZZA & ORS.

Citation: 2024 LiveLaw (Del) 449

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