[Domino's v Dominick] Delhi High Court restrains Ghaziabad pizzeria from using Domino's trademark

The Delhi High Court has restrained a Ghaziabad based pizza outlet from using the name Dominick’s Pizza after multinational pizza giant Domino’s filed a suit for trademark infringement [Dominos IP Holder LLC & Anr v Ms Dominick Pizza & Anr]..Justice Prathiba M Singh held that the name ‘Dominick’ is integrally and historically associated with the Domino’s since ‘DomiNick’s Pizza’ was the name of the first store that Domino's purchased in the year 1960.“The dishonesty in the adoption is further strengthened by the fact that the defendants are copying various flavour variants of the plaintiffs, such as ‘Cheese Burst’ and ‘Pasta Italiano’. One of the reviews which has been given by a customer on Google, which has been placed on record, shows clearly that there is complete confusion being caused,” the Court said..The Court was dealing with a suit by Domino’s alleging that the defendant not only copied its name, but also the flavour and dishes. It was argued that they are supplying pizzas in Delhi, which can be easily ordered through online food portals and there have been actual instances of confusion..After considering the submissions, Justice Singh held that the two marks are deceptive and imitative of each other and the manner of listings of the defendant on various social media platforms and online ordering platforms, left no doubt that its name and business could be confused with that of the Domino’s outlets.The judge further noted that reviews of consumers on Google Reviews also re-affirmed that there was severe tarnishing and dilution of the plaintiffs’ mark and business.“Accordingly, the Defendant No. 1, its proprietors, partners, directors, officers, servants, agents, franchisers and all others acting for and on its behalf, are restrained from advertising, selling, offering for sale, marketing etc. any product, packaging, menu cards and advertising material, labels, stationery articles, website or any other documentation using, depicting, displaying in any manner whatsoever, the impugned marks ‘Dominick Pizza’, ‘Cheese Burst’ and ‘Pasta Italiano’ or any other marks or devices/logos which are identical or confusingly/deceptively similar to the Plaintiff’s registered trademarks, till the next date of hearing,” the Court ordered..It has also directed Domain Name Registrar (DNR) GoDaddy to block/suspend the defendant’s domain names.Summons on the suit was also issued and the defendant was directed to file its reply and written statements.The matter will now be considered on November 24..Advocates Pravin Anand, Shantanu Sahay, Imon Roy and Apoorv Bansal appeared for Dominos.None appeared for the respondents..[Read Order]