Delhi High Court bans Punjabi food chain Donitos from using Domino's trademark

The Delhi High Court has restrained a Punjab-based food chain from using the Donitos trademark, saying it is confusingly similar to Domino's Pizza's trademark.

A single bench of Justice Anish Dayal held that the balance of convenience was in favour of Domino's and that if the interim injunction was not granted, Domino's would suffer irreparable harm. The order stated that the balance of convenience was in favour of the plaintiff and that if the interim injunction was not granted as petitioned, the plaintiff would likely suffer irreparable harm.

The High Court was hearing a petition by Domino's Pizza seeking an injunction in a trademark case against MG Foods, the operator of Donitos. Domino's Pizza told the court it discovered the infringement through a YouTube video in which Domino's Pizza and Donitos were linked.

They argued that the Donitos trademark, which MG Foods uses to sell pizza and burgers, is confusingly similar, both phonetically and visually, to Domino's trademarks.

Domino's further informed the court that the defendants had applied for and been granted and advertised the trademark “Donitos.” Domino further sought an injunction on the grounds that it has an exclusive right to the trademark.

The Delhi High Court also recognized the widespread use and goodwill associated with the Domino's mark and held that MG Foods' use of Donitos is likely to cause confusion among consumers.

It subsequently ordered MG Foods to cease using the infringing trademark and remove all references to DONITO'S from its website and social media platforms, and scheduled a further hearing in the case for October 15.

Notably, the case was filed against a Punjab company that operates six outlets under the name Donitos in areas including Jalandhar, Nakodar, Goraya and Mehatpur after Domino's Pizza discovered the use of the infringing trademark in April after it came across a YouTube video in which #DOMINOS was linked to #DONITOS.

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