Recently, Dominos IP Holder LLC & Anr. (“Plaintiffs”) filed a trademark infringement suit against M/s Dominick Pizza & Anr. (“Defendants”) before the Delhi High Court, aggrieved by their use of a deceptively similar mark, logo and trade name ‘DOMINICK PIZZA’ and the marks ‘CHEESE BURST’ and ‘PASTA ITALIANO’. The Defendants were supplying pizza through online food portals.
Interestingly, the name ‘DOMINICK PIZZA’, was also the identical historical name of the Plaintiffs’ store, established in the year 1969, by its founder Mr. Dominick DiVarti, therefore having an integral association with the Plaintiffs. Further, while relying on customer reviews posted on online food portals, the Delhi High Court established tarnishment and dilution of the Plaintiffs’ mark and business, and recorded the amplification of scope of confusion between the name and business of the Defendants’ with that of the Plaintiffs’ outlets.
Accordingly, the Delhi High Court restrained the Defendants from advertising, selling or marketing any product or documentation using or displaying ‘Dominick Pizza’ and the flavour variants. Additionally, the Delhi High Court ordered suspension of the domain names <dominickpizza.com> and <dominickpizzas.com>.
DOMINOS IP HOLDER LLC & ANR. v. M/S DOMINICK PIZZA & ANR., Decision dated August 29, 2022.