The Delhi High Court has barred several restaurants from using the names “Dominic Pizza” and “Domindo Pizza” for selling pizzas, as well as on their packaging and menu cards, in response to a trademark infringement suit filed by Domino’s.

The bench of Justice Mini Pushkarna also directed Swiggy and Zomato to remove these outlets from their platforms.

The Court observed that Domino’s had established a prima facie case for an injunction and stated that the absence of an ex-parte ad-interim injunction would result in irreparable loss to the company.

“Defendant nos. 1 to 5, its proprietors, partners, directors, officers, servants, agents, franchisers and all others acting for and it 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 marks/names “Dominic Pizza”, 'Domindo Pizza” or any other mark, which is identical or deceptively similar to the plaintiff's registered marks, in any manner whatsoever, amounting to infringement of the plaintiffs trademarks…,” the Court said.

Domino’s argued that the defendant outlets had unlawfully adopted trade names that were deceptively similar to its registered trademarks. It contended that such actions constituted an infringement of its statutory rights under Section 29 of the Trade Marks Act, 1999.

The company further asserted that by using trademarks that were phonetically, visually, and verbally similar—or nearly identical—to its former name, “Dominick Pizza,” as well as the deceptively similar name “Domindo Pizza” for a fast-food restaurant, the defendants were misleading the public.

“In the above circumstances, the plaintiffs have demonstrated a prima facie case for grant of injunction and, in case, no ex-parte ad-interim injunction is granted, the plaintiffs will suffer an irreparable loss. Further, balance of convenience also lies in favour of the plaintiffs, and against the defendants,” the Court said.

Title: DOMINOS IP HOLDER LLC & ANR. v. M/S DOMINIC PIZZA & ORS.