In a landmark decision, the Delhi High Court has ordered online food delivery platforms Zomato and Swiggy to remove listings of ‘Dominic Pizza’ and ‘Domindo Pizza,’ following a trademark infringement suit filed by Domino’s IP Holder LLC. The court ruled that these businesses were illegally using brand names deceptively similar to Domino’s, misleading customers, and violating intellectual property laws.
Court Recognizes Prima Facie Case for Infringement
Justice Mini Pushkarna, who presided over the case, acknowledged that Domino’s had established a strong prima facie case for granting an injunction. The court ruled that if the defendants were allowed to continue using these names, Domino’s would suffer irreparable loss due to consumer confusion. The ruling prevents the defendants from advertising, selling, or marketing their products under the disputed names.
Domino’s Cites Violation of Trademark Laws
Domino’s argued that the unauthorized use of the names closely resembled its own brand, violating its trademark rights under Section 29 of the Trade Marks Act, 1999. The court noted that the defendants’ phonetically and visually similar names were a clear attempt to exploit Domino’s goodwill and deceive the public into believing they were associated with the global pizza chain.
Strengthening Brand Protection in India
This ruling reinforces the importance of protecting intellectual property rights in India’s competitive fast-food industry. The court’s decision sends a strong message that misusing established brand identities for commercial gain will not be tolerated. With online food delivery platforms now required to remove misleading listings, the ruling ensures better transparency and consumer protection in the marketplace.
