After considering the submissions, Justice Singh held that the two marks are deceptive and imitative of each other and the manner of listings of the defendant on various social media platforms and online ordering platforms, left no doubt that its name and business could be confused with that of the Domino’s outlets.
The judge further noted that reviews of consumers on Google Reviews also re-affirmed that there was severe tarnishing and dilution of the plaintiffs’ mark and business.
“Accordingly, the Defendant No. 1, its proprietors, partners, directors, officers, servants, agents, franchisers and all others acting for and on its behalf, are restrained from advertising, selling, offering for sale, marketing etc. any product, packaging, menu cards and advertising material, labels, stationery articles, website or any other documentation using, depicting, displaying in any manner whatsoever, the impugned marks ‘Dominick Pizza’, ‘Cheese Burst’ and ‘Pasta Italiano’ or any other marks or devices/logos which are identical or confusingly/deceptively similar to the Plaintiff’s registered trademarks, till the next date of hearing,” the Court ordered.
Source: Barandbench
