New Delhi, April 13 (IANS) In a trademark infringement case by Domino’s Pizza, the Delhi High Court has issued an injunction restraining eight food outlets in the national capital from using marks closely resembling Domino’s trademarks.
Justice Sanjeev Narula directed food delivery platforms Zomato and Swiggy to remove the outlets from their platforms.
“Plaintiffs are the first and prior adopter of the mark “Domino’s” since the year 1965, and now conduct operations in more than 90 countries, with over 20,500 stores,” the court noted.
Domino’s Pizza alleged that these outlets were operating under names that were identical or deceptively similar to its trademarks, exploiting the similarity to gain visibility on online delivery platforms.
The court found that the use of these marks was not only visually and phonetically similar but also structurally akin to Domino’s registered trademarks.
Justice Narula said that the potential for misrepresentation in the food industry, where products are widely marketed and consumed across diverse demographics, is significant.
Therefore, the court applied a stringent standard in evaluating the impact of such misrepresentation on public perception and the integrity of Domino’s brand identity.
“… it is evident that the actions of defendants constitute a clear infringement of the Plaintiffs’ statutory rights under Section 29 of the Act. Consequently, the plaintiffs are justifiably entitled to seek an injunction to restrain these defendants from continuing such infringing activities,” the court noted.
It further observed: “In case the injunction is not granted, plaintiffs stand to suffer irreparable harm, as the continued use of the impugned marks by defendants would further damage the reputation of their brand and market presence.”
–IANS
spr/dan
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
