Delhi High Court: In an application filed for seeking permanent injunction restraining defendant 1 and all those acting for and on their behalf from promoting, selling, marketing, packaging any product or material using, depicting and displaying in any manner in the marks “DONITO’S’,
The Court directed that, “Defendant 1 shall takedown all references to the device marks in respect of Pizzas and Burgers from their domain within a period of one week”.
Background:
In the present case, that plaintiff 1 – Domino’s IP Holder LLC, belonging to the Domino’s pizza group of companies, owns and manages certain intellectual property under the ultimate ownership of Domino’s Pizza, LLC. The plaintiff 2 – Jubilant Food Works Limited has exclusive rights to operate Domino’s franchises in India, operating as a single economic entity with plaintiff 1 for the purpose of protecting intellectual property rights and business under the same in India.
The plaintiffs were aggrieved by defendant 1, who was operating six infringing outlets in various region of Punjab, where the defendant 1 was using a phonetically and visually deceptively similar mark ‘DONITO’S’,
Analysis:
After perusal of facts, the Court was of the view, the defendant 1 had applied for their registration of the impugned mark ‘DONITO’S’ and the device mark
The Court stated that, the plaintiffs have made out a prima facie case for grant of ex-parte ad interim injunction till the next date of hearing. Balance of convenience lies in favour of plaintiffs, and they were likely to suffer irreparable harm in case the injunction, as prayed for, was not granted.
The Court granted ex-parte ad interim injunction in favour of plaintiffs and against defendants, wherein the defendants were restricted to advertise, promote, sell, market, packaging pizzas and burger, using depicting and displaying in any manner in the device marks
The Court specifically directed defendant 1 to takedown all reference to the device marks
The matter would next be listed on 15-10-2024.
[Dominos IP Holder LLC v. MG Foods, 2024 SCC OnLine Del 4381, order dated: 31-05-2024]
Advocates who appeared in this case :
For the Plaintiffs: Pravin Anand, Shantanu Sahay, Imon Roy & Varessha Irfan, Advocates.