Justice Anish Dayal has issued an ex-parte ad interim injunction in favor of the Domino's pizza group of companies, directing Donito's to remove all references to its device marks related to pizzas and burgers from its domain, www.donitos.in.
The court also instructed various social media platforms, including Facebook, Instagram, X, and YouTube, to remove listings of Donito's products.
Domino's argued that it holds the exclusive right to use and prevent the use of its registered trademarks, including "Domino's" and "Domino's Pizza," in connection with its business. The lawsuit was filed against a Punjab-based entity operating six outlets under the name Donito's in various regions, including Jalandhar, Nakodar, Goraya, and Mehatpur.
Domino's became aware of the use of the contested marks in April when it encountered a YouTube video linking “#DOMINOS” with “#DONITOS.”
“In view of the above facts and circumstances, this Court is satisfied that the plaintiffs have made out a prima facie case for grant of an ex-parte ad interim injunction till the next date of hearing,” the court said.
It added: “Balance of convenience lies in favour of plaintiffs, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
The matter will now be heard on October 15.
Title: DOMINOS IP HOLDER LLC & ANR. v. M/S MG FOODS & ANR.