Delhi HC Restrains Punjab Food Chain from Using "Donito's" Trademark Due to Similarity with "Domino's Pizza" [Read Order]

New Delhi: The Delhi High Court has issued a restraining order against a Punjab-based food chain, barring it from using the trademark "Donito's," due to its deceptive similarity to "Domino's Pizza".

Justice Anish Dayal ruled that the balance of convenience favored Domino's, which would face irreparable harm without an interim injunction.

"Balance of convenience lies in favour of plaintiffs, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted," stated the order dated May 31.

The ruling came in response to Domino's application for an injunction in their trademark infringement case against MG Foods, the operator of Donito's.

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Domino's informed the Court that it discovered the infringement through a YouTube video linking Domino's with Donito's. They argued that the "Donitos" mark used by MG Foods for selling pizzas and burgers was phonetically and visually similar to "Domino's."

Furthermore, Domino's highlighted that MG Foods had applied for and received acceptance and advertisement for the registration of the "Donito's" mark.

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Domino's sought a restraining order, asserting their exclusive rights over the trademark. The Court recognized the extensive use and goodwill of the Domino's trademark and found that MG Foods' use of "Donito's" could cause consumer confusion.

As a result, the Court ordered MG Foods to cease using the infringing mark and remove all references to "DONITOs" from their website and social media platforms. The case has been scheduled for further hearing on October 15.

Advocates Pravin Anand, Shantanu Sahay, Imon Roy, and Vareesha Irfan represented Domino's.

Case title: Dominos IP Holder LLC & Anr. V. M/s MG Foods & Anr. 

[Read Order]