Can't Sell Pizza With Name Similar to Domino's: Delhi HC Bars Punjab Food Outlet Donito's

The Delhi High Court in a recent order restrained a Punjab based food chain “Donito's” from using the name that is phonetically and visually deceptively similar to trademark of Domino's for selling Pizzas and Burgers

Domino's had moved court contesting that it has the exclusive right to use as well as restrain the use of its registered trademarks

The Delhi High Court in a recent order restrained a Punjab based food chain “Donito's” from using the name that is phonetically and visually deceptively similar to trademark of Domino's for selling identical goods inter alia Pizzas and Burgers. 

The court noted that the food chain Domino's was aggrieved by Donito's using a phonetically and visually deceptively similar mark ‘DONITO’S’ in outlets across various regions of Punjab. The court found that Donito's is running six outlets located at Jalandhar, Nakodar, Goraya and Mehatpur.

The court took note of a screenshot submitted by the Dominoes of use of the trademarks is a video on YouTube, which was using '#DOMINOS' and was being linked with the '#DONITOS.'

Donitoes contested that they have applied for their registration of the impugned mark ‘DONITO’S’ and the device mark under application No.5208690 under Class 30 and the same has been “accepted and advertised”.

Justice Anish Dayal passed an ex-parte ad interim injunction order in favour of Domino's pizza group of companies and directed Donito's to take down all references to its device marks in respect of Pizzas and Burgers from its website.

"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. 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 stay shall operate till the next date of hearing. The court however, said that Donito's has the right to

The court further directed social media platforms like Facebook, Instagram, X, YouTube etc, to take down listings of Donito's products.

Domino's had moved court contesting that it has the exclusive right to use as well as restrain the use of its registered trademarks, including “Domino's” and “Domino's Pizza”.

The court in its order noted that there are 1,928 Domino’s Pizza outlets in over 407 cities in India. And India is also Domino's biggest market outside of the USA. It further noted that Dominoes have acquired statutory rights in their trademarks under the Trade Marks Act, 1999 [‘Act’]. It further took note that the Pizza outlet has a considerable online presence in India, accepting online orders through their website at the domain name which has been operational since the year 2007.