Punjab Based Food Chain “Donito's” Restrained By Delhi High Court From Using Trademark Of Domino's For Selling Pizzas And Burgers
Punjab Based Food Chain “Donito's” Restrained By Delhi High Court From Using Trademark Of Domino's For Selling Pizzas And Burgers
As to the facts of the case, Plaintiff No.1 - Domino’s IP Holder LLC, belonging to the Domino’s pizza group of companies, owns and manages certain intellectual property under the ultimate ownership of Domino’s Pizza, LLC. Plaintiff No. 2 - Jubilant Food Works Limited has exclusive rights to operate Domino’s franchises in India, operating as a single economic entity with Plaintiff No. 1 for the purpose of protecting intellectual property rights and business under the same in India.
It was the case of the Plaintiffs that Domino's, the legal owner (Plaintiffs) of trademarks like "Domino's" and "Domino's Pizza," have the sole right to use them in their business having been cautious in protecting their Intellectual Property Seriously. Further courts have repeatedly ruled in their favour by passing various injunction orders in their favour restraining others from using similar Trademarks.
The Defendants operate in various regions of Punjab and make use of a phonetically and visually deceptively similar mark ‘DONITO’S’ for selling identical goods such as Pizzas and Burgers. In April 2024, the Plaintiffs became aware of the defendant's use of the deceptively and confusingly similar trademark from YouTube video.
Justice Anish Dayal of the Delhi High Court observed 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. 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. Further, an ex-parte ad interim injunction is granted in favour of plaintiffs and against defendants till the next date of hearing,
The Court ordered the Defendant to takedown all references to the device marks in respect of Pizzas and Burgers from their domain www.donito’s.in within a period of one week.
