Delhi HC ~ Swiggy, Zomato


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Synopsis

Domino's Pizza has been granted a permanent injunction prohibiting individuals from using trademarks such as “Dominique's Pizza” and “Dominex Pizza,” or similar trademarks that closely resemble or imitate the “Domino's Pizza” registered trademark. I asked for it.

Recently, the Delhi High Court ordered online food delivery platforms Swiggy and Zomato to delist restaurants found to be infringing on Domino's Pizza trademarks. This lawsuit stems from a trademark infringement lawsuit filed by Domino's Pizza.

The Court is satisfied that the plaintiffs have made a prima facie case for grant of an ex parte interim injunction pending the next date of hearing.The balance of convenience is in favor of the plaintiff, and the plaintiff is likely to suffer irreparable harm if the injunction is not granted as requested.” bench. Judge Anish Dayal held.

Advocate Pravin AnandDomino's Pizza representatives noted that Domino's Pizza IP Holders LLC, a subsidiary of the Domino's Pizza Group of Companies, oversaw certain intellectual property matters under the overall ownership of Domino's Pizza LLC. However, Jubilant Food Works Limited holds the exclusive rights to operate Domino's Pizza franchises in India and is working with Domino's Pizza to protect its intellectual property rights and business interests in the Indian market. Was.

Advocate Anand further said that Domino's Pizza's adoption of the trademark dates back to 1965 and that it has more than 20,500 stores in more than 90 countries. The mark was distinctive and uniquely associated with Domino's Pizza, as the initial selection of the mark had nothing to do with pizza or fast food and was arbitrary. He emphasized that the trademark's widespread and continued use has earned it considerable goodwill and reputation, which is reflected in its revenue and promotional activities.

Further, advocate Anand argued that Jubilant Foods operates 1,928 Domino's Pizza stores in 407 cities in India, making up Domino's Pizza's largest market outside the United States. They maintained a significant online presence, accepting orders through their website and various food ordering platforms such as his Zomato and Swiggy. Domino's Pizza had secured legal rights to its trademark under the Trademarks Act 1999.

As a result, attorney Anand argued that Domino's Pizza had the exclusive right to use and prevent use of its trademarks in connection with its business activities. They have consistently taken steps to protect their intellectual property rights and have secured injunctions in their favor on a number of occasions, he submitted.

Advocate Anand further said that various entities are adopting the same or seemingly similar trade names, trademarks and designations without permission and operating outlets selling similar products online through platforms like Zomato and Swiggy. expressed concern about the presence of

Advocate Anand argued that the defendants had unfairly exploited search results related to Domino's Pizza trademarks and marks, causing confusion among consumers. She cited examples of customer confusion, including customers complaining about products provided by the defendants because they mistakenly thought they were from a Domino's Pizza store.

The court found Domino's arguments persuasive and granted a temporary restraining order until the next hearing. The court recognized the potential for irreparable harm that Domino's Pizza could suffer in the absence of an injunction. As a result, the court issued a temporary restraining order in favor of Domino's Pizza and the defendants, which remains in effect until the next hearing.

The injunction directed the defendants to remove certain links and prohibited them from using certain trademarks owned by Domino's Pizza.

The court then scheduled the case for September 17, 2024.

Case Title: Dominos IP Holder LLC v M/S Dominic Pizza & Ors



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