In its order, Delhi HC's Justice Pratibha M Singh observed that from the manner of listings of social media platforms and online ordering platforms, it was clear that the name and business of Dominick Pizza were being confused as that of Domino's outlets, reported Livelaw.in.
"The reviews of the consumers on Google Reviews, also re-affirms this fact that apart from the confusion that is taking place, there is severe tarnishment and dilution of the Plaintiffs' mark and business. Accordingly, as per the facts and circumstances of this matter, the Plaintiffs have made out a prima facie case in their favour for grant of an ex-parte ad interim injunction," the court said.
Domino's had filed a suit against Ghaziabad Dominick Pizza, which had three outlets, two in Uttar Pradesh's Ghaziabad, in Indirapuram and Raj Nagar Extension, and the third outlet in Punjab.
In its petition, Domino's sought the protection of its mark 'Domino's Pizza', its device mark, and logo as well as the marks' Cheese Burst' and 'Pasta Italiano'.
The high court, granting ex-parte ad interim injunction in favour of Domino's, restrained Dominick Pizza from advertising, selling or marketing any product or any documentation using or displaying the impugned marks' Dominick Pizza', 'Cheese Burst' and 'Pasta Italiano' till the next date of hearing on November 24, reported Livelaw.in.
The HC also ordered the pizzeria to suspend its domain names, i.e., dominickpizza.com and dominickpizzas.com.
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