Introduction:

In a recent legal battle, the Delhi High Court addressed trademark infringement allegations brought by Domino’s Pizza against eight food outlets in the national capital. The multinational pizza chain accused these outlets of unauthorizedly adopting trade names deceptively similar to its marks, leading to confusion among consumers.

Arguments:

Domino’s Pizza, represented by Counsel Mr. Shantanu Anand, Mr. Imon Roy & Mr. Pratyush Acharya, alleged that the impugned marks used by the food outlets were identical or deceptively similar to its trademarks. It claimed that these outlets were taking unfair advantage of the search results on online delivery platforms by adopting marks such as Dom, Domi, Domin, and Domino, closely resembling its brand name. The defendants argued against the allegations of trademark infringement, but the court found the marks to be phonetically, visually, and structurally akin to Domino’s registered trademarks.

Court’s Judgement:

Justice Sanjeev Narula ruled in favor of Domino’s Pizza, restraining the food outlets from using marks similar to its trademarks. The court directed popular food delivery platforms Zomato and Swiggy to remove the infringing outlets from their platforms. Justice Narula emphasized that the impugned marks replicated the distinctive elements of Domino’s registered trademarks and could lead to significant consumer confusion, particularly in the food industry. The court applied a stringent standard in evaluating the potential effects of misrepresentation on public perception and the integrity of Domino’s brand identity, ultimately protecting the trademark rights of the plaintiff.