The Delhi High Court has issued an injunction against eight food establishments in the national capital, prohibiting them from using variations of the trademarked names like Domino, Domino's, Dominon, Domino's, Dominoz, Domino's, and Domain's. This action comes in response to a lawsuit filed by the renowned multinational pizza chain, Domino's Pizza, citing trademark infringement.

Justice Sanjeev Narula has instructed food delivery platforms Zomato and Swiggy to remove, take down, and suspend the listed outlets from their mobile applications and websites.

The case involving Domino's Pizza centered on the unauthorized adoption of trade names by eight food outlets, which were deemed identical or deceptively similar to the pizza chain's marks. Allegations suggested that these outlets were operating under imitation brand names on various online delivery platforms.

Domino's asserted that these food outlets were exploiting the search results generated when users typed strings such as "Dom," "Domi," "Domin," and "Domino," unfairly capitalizing on its established trade name and mark.

Justice Narula stated that the eight food outlets had utilized marks that were prima facie identical or deceptively similar to Domino's registered trademarks.

"The Impugned Marks not only replicate all the distinctive elements of the plaintiffs' registered trademarks but are also phonetically, visually, and structurally akin to them. Moreover, these marks are presented in a manner identical to the plaintiffs' brand/trademark 'Domino's' on the online platforms managed by Defendants No. 9 (Zomato) and 10 (Swiggy)," the court declared.

Additionally, considering the widespread marketing and consumption of food products associated with the impugned marks across diverse demographic segments, the court emphasized the significant consumer impact of potential misrepresentation.

"Therefore, the Court must apply a more stringent standard in evaluating the probable effects of such misrepresentation on public perception and the integrity of the Plaintiffs' brand identity," the court emphasized.

Counsel for Plaintiffs: Mr. Shantanu Anand, Mr. Imon Roy & Mr. Pratyush Acharya, Advocates

Title: DOMINOS IP HOLDER LLC & ANR v. MS DOMINO PIZZA & ORS.