Clashes over trademarks are common in the ever-evolving landscape of intellectual property rights. One such clash that garnered attention recently is the legal battle between Dominos IP Holder LLC & Anr and M/S Domino Pizza & Ors. This case, currently unfolding in the halls of justice, pits two giants in the pizza industry against each other, raising crucial questions about brand identity, market competition, and the protection of intellectual property.
Background
Dominos IP Holder LLC (Plaintiff 1), a heavyweight in the global pizza arena, has cultivated its brand since 1996 in India, crafting a reputation synonymous with quality and reliability. Teamed up with Jubilant Food Works Limited (Plaintiff 2), the company has solidified its position as a market leader, serving piping-hot pizzas to discerning tastes worldwide. On the other side of the legal battlefield stands M/S Domino Pizza & Ors. (Defendants), a newer entrant with its vision for capturing a slice of the pizza pie market.
Legal Issues
The contention over trademark infringement and unfair competition lies at the heart of the dispute. Dominos IP Holder LLC alleges that M/S Domino Pizza & Ors. has engaged in practices that not only mimic their branding but also create confusion among consumers. The Plaintiff contends that unauthorised adoption of identical/ deceptively similar trade names being “Domino”, “Domino’s”, “Dominon”, “Dominox”, “Domison”, “Dominoz”, and “Domain’s”,” for their food offerings on an online delivery platform thus faces accusations of capitalising on the goodwill and reputation built by Dominos over the years.
The Plaintiffs presented evidence demonstrating that consumers were misled into believing that the defendants’ outlets were associated with the Domino’s brand, leading to numerous complaints and potential financial losses. Over 500 customers from the National Capital Region (NCR) have reported to Zomato and Swiggy that they were confused by the listings of Defendants. These customers have even expressed that they were misled into believing these outlets were operated by the Plaintiffs, resulting in unintended orders. These customers also contended that the pizzas provided by these Defendants are of extremely low quality and are delivered in unbranded, generic boxes that do not bear any brand/logo, further compounding the confusion and damaging and diluting the Plaintiffs’ brand identity. As a result, the Plaintiffs have filed a suit seeking permanent injunctions and damages to safeguard their statutory rights and further misuse of their intellectual property rights.
Delhi High Court’s Insightful Observation
Justice Sanjeev Narula, presiding over the case, restrained the defendants from using these similar names in any form of advertising, packaging, or marketing. The court found that these names were not only phonetically and visually similar to Domino’s trademarks but were also being used in a manner that could deceive consumers into thinking they were associated with Domino’s Pizza.
Additionally, the court directed online food delivery platforms Zomato and Swiggy to delist these infringing outlets. This order was part of the court’s effort to prevent further misuse of Domino’s trademark and to protect the brand’s identity and reputation from being tarnished by substandard products sold by these unauthorised outlets.
The Court’s decision underscores the importance of protecting well-established trademarks and the legal recourse available to companies facing infringement issues. This ruling is expected to set a precedent for similar cases in the future, reinforcing the protection of intellectual property rights in India. The decision passed by the Hon’ble High Court also serves as a warning to businesses about the importance of conducting thorough due diligence when selecting their brand names to ensure they do not infringe on existing trademarks.
Conclusion
The legal battle between Domino’s IP Holder LLC & Anr and M/S Domino Pizza & Ors highlights the rigorous enforcement of trademark laws to protect established brands from infringement. The Delhi High Court’s ruling serves as a critical reminder of the importance of maintaining clear and distinct branding in the marketplace to avoid legal disputes and protect consumer interests.
Authors: Manisha Singh and Ashleen Kaur
First Published By: IP Link here