The Delhi High Court has directed food delivery platforms Swiggy and Zomato to delist 13 restaurants or eateries, which were allegedly appropriating the trademark of Domino’s Pizza and selling their food items through the two platforms.
The order was recently passed by the single-judge Bench of Justice Anish Dayal.
Delivering an ex parte ad interim order, Justice Dayal directed the two food delivery platforms to comply with the directions within a week and apprise the defendant restaurants, if need be, of the orders passed by the High Court.
The 13 food outlets whose links have been ordered to be taken down were operating under the names Dominic Pizza, Dominek’s Pizza, Dominek Pizza, Domics Pizza, Dominick Pizza, Domnick Pizza, Dominic’s Pizza, Dominics Pizza, Dominic’s Pizza, Dominik Pizza and Domnik Pizza.
The single-judge Bench further restrained these restaurants from using these marks or any other mark similar to Domino’s.
Justice Dayal, while considering that the said outlets may be still operating, directed that the said injunction shall come into force from June 1, 2024.
The single-judge Bench said that it would allow the defendant Nos.1-13 to change their tradenames and trademarks as soon as possible but not later than June 1.
The order was passed on a trademark infringement suit filed by Domino’s.
Appearing for Domino’s, Advocate Pravin Anand argued that the defendant entities were using identical or deceptively similar marks to Domino’s and these marks have been used to operate outlets selling similar products like pizzas on Swiggy and Zomato.
He said the defendants had taken unfair advantage of the search results, which were returned upon typing the first string of letters of the Domino’s tradename and mark ‘DOM’, ‘DOMI’, ‘DOMIN’, and ‘DOMINO’, all of which led to suggestions of the defendants’ outlets enlisted on the food delivery platforms.
He further apprised the High Court about various instances of customers’ confusion, which came to light after they ordered food items based on the belief that the defendants’ outlets were operated by Domino’s.
Advocates Pravin Anand, Shantanu Sahay, Imon Roy, Vareesha Irfan and Pratyush Acharya appeared for Domino’s.
None appeared for the defendants.