The Delhi High Court granted interim relief to Domino’s in its trademark case against Donito’s. The court ordered Donito’s to remove all references to “Donitos” in connection with pizzas and burgers from their website within one week.
New Delhi: The Delhi High Court granted an ex-parte ad interim injunction against the Punjab-based food chain Donito’s, prohibiting the company from using the Domino’s trademark to sell pizzas and burgers.
The Court considering an application submitted by Domino’s IP Holder LLC under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. The application sought a permanent injunction to prevent the defendant and its affiliates from using, promoting, or selling any products under the name “DONITO’s” or any other mark resembling the plaintiff’s registered trademarks.
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Justice Anish Dayal found that the balance of convenience favoured Domino’s and that they would face irreparable harm without an interim injunction.
The order dated May 31 stated,
“The balance of convenience favours the plaintiffs, and they are likely to suffer irreparable harm if the requested injunction is not granted,”
Domino’s Pizza has filed a trademark infringement lawsuit against MG Foods, which operates a restaurant chain called “Donito’s”. Domino’s informed the court that they discovered the alleged infringement through a YouTube video that linked Donito’s to the Domino’s brand.
Domino’s argued that the “Donito’s” trademark used by MG Foods for selling pizzas and burgers is phonetically and visually similar to the Domino’s trademark, which could confuse consumers. Domino’s also noted that MG Foods had applied for and received acceptance for the registration of the “Donito’s” trademark.
As a result, Domino’s has sought a restraining order from the court, claiming that they have exclusive rights over the Domino’s trademark and that the use of the Donito’s mark by MG Foods infringes on those rights.
The court recognized the widespread recognition and positive reputation associated with the Domino’s trademark. It concluded that MG Foods’ use of the “Donito’s” mark likely to mislead and confuse consumers.
As a result, the court directed MG Foods to cease using the infringing mark and remove all references to “DONITO’s” from their website and social media channels. The case scheduled for further hearing on October 15.
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The Court determined that the balance of convenience in favour of the plaintiffs and concluded that they would likely suffer irreparable harm if the requested injunction was not issued.
Consequently, the Court granted an ex-parte ad interim injunction in favor of the plaintiffs and against the defendants.
The legal team representing Domino’s Pizza in this matter included Advocates Pravin Anand, Shantanu Sahay, Imon Roy, and Vareesha Irfan.
Read Judgement: [Dominos IP Holder LLC & Anr. V. M/s MG Foods & Anr.].