Delhi High Court orders Swiggy, Zomato to delist 13 restaurants infringing Domino's trademark

The Delhi High Court recently directed food delivery platforms Swiggy and Zomato to delist and take down the links connected with 13 restaurants or eateries which were appropriating the trademark of Domino’s Pizza and selling their food items through the two platforms [Dominos IP Holder LLC & Anr v M/s Domonic Pizza & Ors].Justice Anish Dayal passed an ex parte ad interim order and directed Swiggy and Zomato to comply with the directions within a week and apprise the defendant restaurants, if need be, of the orders passed by the Court.The 13 food outlets whose links have been ordered to be taken down were operating under the names “Dominic Pizza”, “Dominek’s Pizza”, “Dominek Pizza”, “Domics Pizza”, “Dominick Pizza”, “Domnick Pizza”, “Dominic’s Pizza”, “Dominics Pizza”, “Dominic’s Pizza”, “Dominik Pizza” and “Domnik Pizza”.The Court also restrained these restaurants from using these marks or any other mark similar to Domino’s."Considering that the said outlets may be still operating, the said injunction will come into force from 01st June, 2024. These directions are given in order to allow the defendant Nos.1-13 to change their tradenames and trademarks as soon as possible but not later than 01st June, 2024,” the Court added. .The Court passed the order after Domino’s filed a suit for trademark infringement.Advocate Pravin Anand appeared for Domino’s and argued that the defendant entities were using identical or deceptively similar marks to Domino’s and these marks have been used to operate outlets selling similar products like pizzas etc. on Swiggy and Zomato.It was stated that the defendants had taken unfair advantage of the search results which are returned upon typing the first string of letters of the Domino’s tradename and mark ‘DOM’, ‘DOMI’, ‘DOMIN’, and ‘DOMINO’, all of which led to suggestions of the defendants’ outlets enlisted on the food delivery platforms.The Court was also told that various instances of customers’ confusion have come to light as they ordered food items based on the belief that the defendants’ outlets were operated by Domino’s..After considering the case, the Court concluded that Domino’s has made a case for ex parte ad interim order.It, therefore, passed the take down orders..Advocates Pravin Anand, Shantanu Sahay, Imon Roy, Vareesha Irfan and Pratyush Acharya appeared for Domino’s.None appeared for the defendants. .[Read Order]