Fact of the Case:
Dominos IP Holder LLC and its affiliate filed a suit against M/s Dominic Pizza and other entities for trademark infringement, passing off, and dilution. The plaintiffs alleged that the defendants were using the marks "Dominic Pizza" and "Domindo Pizza," which are deceptively similar to the plaintiffs' registered marks "Domino's" and "Domino's Pizza." The plaintiffs claimed that this unauthorized use caused confusion among consumers, especially through online platforms like Zomato and Swiggy, where the defendants had listed their infringing businesses.
Procedural Background in Brief:
The plaintiffs filed a commercial suit seeking permanent injunction along with interim relief. The Court granted exemption from pre-institution mediation and advance service due to urgency. The plaintiffs also moved an interim application under Order XXXIX Rules 1 and 2 CPC seeking an ex parte injunction. The Court registered the suit and issued summons to the defendants.
Reasoning of Court:
The Court noted the plaintiffs’ extensive global presence and long-standing use of the "Domino's" mark since 1960. The Court found the adoption of the names "Dominic" and "Domindo" by the defendants to be phonetically and visually similar to the plaintiffs' marks, likely to mislead consumers. The Court also took into account the plaintiffs' claim that the defendants were exploiting online food delivery platforms to attract customers through deceptive listings. The Court accepted that a prima facie case of infringement and passing off was made out.
Decision:
The Court granted an ex parte ad-interim injunction restraining the defendants (nos. 1 to 5) from using the impugned marks "Dominic Pizza" and "Domindo Pizza" or any other deceptively similar mark to the plaintiffs' registered trademarks. The Court also directed Zomato and Swiggy (defendants nos. 6 and 7) to de-list the infringing businesses from their platforms until further orders.
Case Details:
Case Title: Dominos IP Holder Vs Dominic Pizza
Date of Order: 12th March 2025
Case Number: CS(COMM) 231/2025
Name of Court: High Court of Delhi at New Delhi
Name of Hon'ble Judge: Hon'ble Ms. Justice Mini Pushkarna
