The Delhi High Court restrained a Punjab-based food chain from using the trademark Donito’s since it was found to be deceptively similar to that of Domino’s Pizza.
A single judge bench of Justice Anish Dayal determined that the balance of convenience was in favour of Domino’s and that they would suffer irreparable harm if an interim injunction was not granted. The order stated that the balance of convenience lies in favour of plaintiffs, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.
The High Court was hearing an application by Domino’s for injunction in a trademark suit filed against MG Foods, which operates Donito’s. Domino’s told the Court that it came across the infringement through a YouTube video in which the Domino’s was being linked with Donito’s.
They contended that the Donito’s mark, used by MG Foods for selling pizzas and burgers, was phonetically and visually deceptively similar to Domino’s.
Furthermore, they also informed the Court that the defendants had applied for the registration of their mark Donito’s which had been accepted and advertised. In addition, Domino’s sought a restraint order on the ground that they have exclusive rights over the trademark.
The Delhi High Court also acknowledged the extensive use and goodwill associated with Domino’s trademark and found that the use of Donito’s by MG Foods was likely to cause confusion among consumers.
Consecutively, it ordered MG Foods to stop using the infringing mark and to take down all references to DONITO’s from their website and social media platforms and listed the case for further hearing on October 15.
Notably, the lawsuit was filed against the Punjab entity, which operates six outlets under the name Donito’s in regions such as Jalandhar, Nakodar, Goraya, and Mehatpur when Domino’s discovered the use of the infringing marks in April when it came across a YouTube video using #DOMINOS linked with #DONITOS.