A pizza shop in Ghaziabad has been prohibited from using the name Dominick's Pizza by the Delhi High Court after international pizza giant Domino's filed a lawsuit for trademark infringement.
Since "DomiNick's Pizza" was the name of the first restaurant that Domino's purchased in 1960, Justice Prathiba M. Singh ruled that the name "Dominick" is inextricably and historically linked with the Domino's.
"The defendants are duplicating numerous flavour variations of the plaintiffs, such as "Cheese Burst" and "Pasta Italiano," which only serves to highlight how dishonest the adoption was. One of the Google customer reviews that has been documented plainly demonstrates the full confusion being generated, according to the Court.
The defendant, according to a lawsuit filed by Domino's, replicated not just the defendant's name but also the flavours and meals. It was asserted that there have actually been instances of confusion and that they are providing pizzas in Delhi that are simple to purchase through online food websites.
After carefully weighing the arguments, Justice Singh concluded that the two trademarks are misleading imitations of one another, and that there is no question that the defendant's name and business could be mistaken for that of the Domino's outlets given the way it has been listed on various social media sites and online ordering websites.
Consumer comments on Google Reviews further confirmed that the plaintiffs' brand and company had suffered considerable tarnish and dilution.
Consequently, the Defendant No. 1 is prohibited from using, depicting, or displaying in any way the contested marks "Dominick Pizza," "Cheese Burst," and "Pasta," or any other trademark, logo, or service mark, on any product, packaging, menu cards, advertising material, labels, stationery articles, website, or any other documentation.
The defendant's domain names have also been ordered to be blocked or suspended by Domain Name Registrar (DNR) GoDaddy.
The defendant was instructed to file its written submissions and react to the summons on the lawsuit.
The next date of hearing is November 24, 2022.