Delhi High Court Restrains Punjab Based 'Donito's' From Using Domino's Trademark While Selling Pizzas And Burgers

The Delhi High Court has recently restrained a Punjab based food chain “Donito's” from using the trademark of Domino's for selling pizzas and burgers.

Justice Anish Dayal passed an ex-parte ad interim injunction in favour of Domino's pizza group of companies and directed Donito's to take down all references to its device marks in respect of Pizzas and Burgers from its domain www.donito's.in.

The court also ordered various social media platforms like Facebook, Instagram, X, YouTube etc to take down listings of Donito's products.

It was Domino's case that it has the exclusive right to use as well as restrain the use of its registered trademarks, including “Domino's” and “Domino's Pizza”, in relation to its business.

The suit was filed against a Punjab based entity operating its six outlets under the name Donito's in various regions at Jalandhar, Nakodar, Goraya and Mehatpur.

Domino's came to know of the use of the impugned marks in April after it came across a video on YouTube using “#DOMINOS” being linked with “# DONITOS.”

“In view of the above facts and circumstances, this Court is satisfied that the plaintiffs have made out a prima facie case for grant of an ex-parte ad interim injunction till the next date of hearing,” the court said.

It added: “Balance of convenience lies in favour of plaintiffs, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”

The matter will now be heard on October 15.

Title: DOMINOS IP HOLDER LLC & ANR. v. M/S MG FOODS & ANR.

Citation: 2024 LiveLaw (Del) 690

Click Here To Read Order