Delhi High Court Restrains Fast Food Chain From Using Trademark “DONITOS”
|The Delhi High Court has issued an interim injunction against Punjab based fast-food chain, restraining it from using the trademark “DONITOS”.
The Court was hearing an application filed by Domino’s IP Holder LLC under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking a permanent injunction against defendant and its affiliates from using, promoting, or selling any product bearing the marks "DONITO’s" or any other mark similar to the plaintiffs' registered trademarks.
The bench of Justice Anish Dayal observed, “…this Court is satisfied that the plaintiffs have made out a prima facie case for grant of an ex-parte ad interim injunction till the next date of hearing.”
Brief Facts-
Plaintiff, Domino’s IP Holder LLC, along with Plaintiff, Jubilant Food Works Limited, operate Domino’s franchises in India and own the trademark "DOMINO’S". They've been using this mark since 1965 and have established significant goodwill and reputation globally. Defendant M/S MG Foods is operating outlets in Punjab using a similar mark "DONITO’S", infringing on the plaintiffs' rights. This infringement came to light in April 2024 when the plaintiffs noticed a video on YouTube linking their “DOMINOS” with the defendant’s “DONITOS”.
The Court noted that the defendant has applied for their registration of the impugned mark ‘DONITO’S’ and the device mark has been “accepted and advertised”. The Court further noted that the plaintiffs reserve the right to oppose the application.
The Court said that the balance of convenience lies in favour of plaintiffs, and according to the Court they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.
Accordingly, the Court granted an ex-parte ad interim injunction in favour of plaintiffs and against defendants.
The Court also ordered various social media platforms to take down the listings of the DONITO’S Products.
The Court listed the matter for further hearing.
Cause Title: Dominos IP Holder LLC & Anr. v. M/S MG Foods & Anr
Appearance:
Adv. Pravin Anand, Adv. Shantanu Sahay, Adv. Imon Roy and Adv. Vareesha Irfan