The Delhi High Court has restrained a Punjab-based food chain from using the “Donito’s” trademark, finding it deceptively similar to Domino’s Pizza. Justice Anish Dayal ruled that the balance of convenience favored Domino’s, which would suffer irreparable harm without an interim injunction. The order, dated May 31, emphasized the potential damage to Domino’s if the injunction was not granted.
Here is the full story:
- The Court heard Domino’s application for an injunction in a trademark suit against MG Foods, which operates Donito’s.
- Domino’s discovered the infringement via a YouTube video linking Domino’s with Donito’s.
- Domino’s argued that the “Donito’s” mark, used by MG Foods for pizzas and burgers, was deceptively similar to “Domino’s”.
- Domino’s informed the Court that MG Foods had applied for and received acceptance for the “Donito’s” trademark.
- Domino’s sought a restraint order, claiming exclusive rights to the trademark.
- The Court recognized the goodwill of the Domino’s trademark and ordered MG Foods to stop using “Donito’s” and remove all related references, listing the case for further hearing on October 15.
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