Delhi High Court has rendered a judgement in favour of Domino's Pizza in a trademark dispute against Dominick Pizza
The Delhi High Court recently issued a permanent injunction prohibiting a pizza establishment located in Ghaziabad from utilising the trademark 'Dominick Pizza,' as it constituted an infringement
Delhi High Court has rendered a judgement in favour of Domino's Pizza in a trademark dispute against Dominick Pizza
The Delhi High Court recently issued a permanent injunction prohibiting a pizza establishment located in Ghaziabad from utilising the trademark 'Dominick Pizza,' as it constituted an infringement upon the intellectual property of the multinational pizzeria corporation, Domino's Pizza [Dominos IP Holder LLC & Anr v Ms Dominick Pizza & Anr].
Justice C Hari Shankar determined that 'Domino's Pizza' and 'Dominick's Pizza' possessed a phonetic similarity, deeming the marks deceptively similar. The judge elucidated that a likelihood of confusion would arise when an individual of average intelligence and imperfect recollection patronises a Domino's outlet and subsequently visits a Dominick's Pizza outlet.
The Court pointed out that Defendant 1 (Dominick's) exacerbated this likelihood by representing its logo in a square format employing lettering akin to that of the plaintiffs.
The judge underscored the necessity for courts to exercise vigilance in preventing such imitative endeavours in trademarks, particularly when they pertain to consumable goods or dining establishments.
"In cases involving marks related to food products or eateries where food items are dispensed and served, a heightened degree of caution is anticipated," the Court noted.
The Court presided over a trademark infringement lawsuit brought by Domino's against Dominick Pizza, citing the use of an identical name and the incorporation of registered trademarks such as 'Cheese Burst' and 'Pasta Italiano.'
In August 2022, the Court issued an interim ex parte order against Dominick Pizza.
In the final order, Justice Shankar also remarked that operating an eating establishment with a mark deceptively similar to a well-known mark reflects poorly on the business.
"The intent to capitalise on the reputation of a recognized and established brand by employing a deceptively similar mark can, in certain instances, generate a legitimate concern of compromising quality by the imitator," the Court asserted.
Furthermore, the Court noted that the determination of whether an infringing mark is likely to cause confusion is fundamentally a matter subject to the Court's subjective discretion, not reliant on customer evidence.
Ultimately, the Court concluded that Dominick Pizza had unquestionably violated the trademark of Domino's Pizza. Consequently, the Court prohibited Dominick Pizza from using such a name and also from utilising the marks 'Cheese Burst' and 'Pasta Italiano.'
Furthermore, Dominick Pizza was ordered to withdraw its application from the Trade Marks Registry for the registration of this mark and to transfer its internet domain names to Domino's.
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