The Delhi High Court has issued an injunction against a pizzeria, preventing it from using the name ‘Dominick Pizza’ to market its products. This action comes after global restaurant chain Domino’s Pizza accused the Ghaziabad-based eatery of deceptively employing a similar logo, mark, and trade name. The original ‘Dominick Pizza’ was the name of the store purchased by the founder of Domino’s in 1960.
Justice Pratibha M Singh has also prohibited ‘Dominick Pizza,’ with outlets in Ghaziabad and Jalandhar, from advertising and selling products under marks such as ‘Cheese Burst’ and ‘Pasta Italiano’ or any other marks similar to Domino’s registered trademarks until November 24. The court has additionally ordered the suspension of the domain names associated with ‘Dominick Pizza.’
The court observed that the use of the name ‘Dominick Pizza’ by the defendants is identical to the historical name of the plaintiff’s store, emphasizing that ‘Dominick’ is integrally and historically associated with Domino’s. This use of an identical name in a similar logo for pizzas could lead to confusion and deception.
The court noted that the defendants’ adoption of a similar name is further evidenced by their copying of various flavor variants of Domino’s. Customer reviews on Google indicate significant confusion, with the court stating that the defendant’s name and business are being confused with that of the plaintiff’s outlets. This confusion, coupled with the manner of listings on social media and online platforms, has resulted in severe tarnishment and dilution of the plaintiff’s mark and business, the court added.
Domino’s argued in court that Dominick Pizza, owned by Sandeep Kumar Sharma, is using a deceptively similar logo, mark, and trade name, as well as unauthorized use of registered trademarks like ‘Cheese Burst’ and ‘Pasta Italiano.’ The court issued summons to Dominick Pizza, directing it to file a written statement within 30 days.
