Pizza Wars: Delhi High Court rules against Ghaziabad's 'Dominick's Pizza' in trademark feud with 'Domino's'

In a trademark battle, the Delhi High Court on Monday gave a decision in favour of the Domino’s Pizza against a Ghaziabad-based Pizza outlet, banning them from using the mark ‘Dominick Pizza’ as it was found that it infringed on the worldwide pizza conglomerate’s trademark.

Justice C Hari Shankar determined that the marks ‘Domino’s Pizza’ and ‘Dominick’s Pizza’ were phonetically similar and so deceptively similar.

The judge indicated that there was a high risk of product confusion if a customer of average intelligence and faulty recollection visited a Domino’s location and then a Dominick’s Pizza location.

“This likelihood would be exacerbated by the manner in which Dominick’s has chosen to represent its logo, in a square format using lettering similar to that used by the plaintiffs – Domino’s Pizza,” the Court stated.

The judge also stressed the importance of courts being attentive in ensuring that such imitative attempts in trademarks are not allowed to go unchecked, particularly when they relate to consumable items or eateries.

“Where the marks in question pertain to food items, or eateries where food items are dispensed and served, a somewhat higher degree of care and caution is expected to be observed,” the Court stated.

In the lawsuit, Domino’s had accused the latter for using the same name as well as registered trademarks of their dishes such as ‘Cheese Burst’ and ‘Pasta Italiano.’

The Court issued an ex parte interim order against Dominick Pizza in August 2022.

In the final ruling, Justice Shankar further stated that operating an eating establishment with a mark that is deceptively similar to a well-known mark does not bode well for the business.

“The intent to capitalise on the reputation of a known and established brand, by using a mark which is deceptively similar to the mark used by the brand, can, in a given case, give rise to a legitimate apprehension of quality compromise by the imitator,” the Court stated.

It went on to say that determining whether an infringing mark is or is not likely to cause confusion is largely a matter for the Court’s subjective discretion.

Finally, the Court determined that Dominick Pizza had plainly infringed on Domino’s Pizza’s trademark. As a result, the Court barred Dominick Pizza from using that name, as well as the marks ‘Cheese Burst’ and ‘Pasta Italiano.’

It also ordered Dominick Pizza to withdraw its application for registration of this mark with the Trade Marks Registry and transfer its internet domain names to Domino’s.