Delhi HC Directs Swiggy & Zomato To Delist 13 Restaurants For Trademark Infringement Against Domino's
|The Delhi High Court issued directives to food delivery platforms Swiggy and Zomato, instructing them to remove and delist links associated with 13 restaurants accused of appropriating the trademark of Domino’s Pizza and selling their products through these platforms.
This legal action was initiated after Domino’s filed a suit for trademark infringement.
A Bench of Justice Anish Dayal issued an ex parte ad interim order, directing Swiggy and Zomato to comply with the instructions within a week. Additionally, the court mandated these platforms to inform the defendant restaurants, if necessary, about the court's orders.
The Court added, “Defendant Nos.1-13 and anybody acting for and on their behalf are restrained from using the impugned marks “Dominic Pizza”, “Dominek’s Pizza”, “Dominek Pizza”, “Domics Pizza”, “Dominick Pizza”, “Domnick Pizza”, “Dominic’s Pizza”, “Dominics Pizza”, “Dominic’s Pizza”, “Dominik Pizza”, “Domnik Pizza” and/or any other identical or deceptively similar mark in any manner whatsoever to the plaintiffs’ marks. Considering that the said outlets may be still operating, the said injunction will come into force from 01st June, 2024. These directions are given in order to allow the defendant Nos.1-13 to change their tradenames and trademarks as soon as possible but not later than 01st June, 2024.”
The 13 food outlets, operating under names like "Dominic Pizza", "Dominek’s Pizza", and similar variations, were ordered to cease using these marks or any similar ones to Domino’s.
The Court decided that the injunction against these restaurants would be effective from June 1, 2024, to allow them time to change their tradenames and trademarks. This decision was made to facilitate the defendants in making necessary alterations but not later than the specified date.
Advocate Pravin Anand appeared for the Petitioners.
Petitioner’s counsel argued that the defendant entities were using marks identical or deceptively similar to Domino’s, leading to confusion among consumers. He pointed out that these marks were used to operate outlets selling similar products on Swiggy and Zomato.
The Court was informed that the defendants exploited search results by using strings of letters similar to Domino’s trademark, resulting in their outlets being suggested to customers. This led to instances where customers mistakenly believed they were ordering from Domino’s outlets.
The Court concluded that Domino’s had a valid case for an ex parte ad interim order and subsequently issued the take-down directives.
Cause Title: Dominos IP Holder LLC & Anr. v M/s Domonic Pizza & Ors.
Appearance:
Petitioners: Advocates Pravin Anand, Shantanu Sahay, Imon Roy, Vareesha Irfan, and Pratyush Acharya
Click here to read/download Order