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Delhi HC backs Domino’s in trademark tussle, flags health risks of brand confusion over food
The order passed by Justice Saurabh Banerjee not only reinforces the protection of well-known trademarks but also underlines a compelling public health dimension when it comes to food-related IP infringement.
Domino’s had approached the Court citing trademark infringement and passing off, stating that several pizzerias were exploiting its former name ‘Dominick’s Pizza’, a name it originally adopted in 1960 before rebranding as ‘Domino’s’ in 1965.
The Delhi High Court has granted interim relief to Domino’s Pizza by restraining 15 food businesses from using deceptively similar names such as ‘Domnic’s’, ‘Dominic’, ‘Domnik’ and ‘Daminic’s’ for their pizza offerings. As per a report by Bar and Bench, the order passed by Justice Saurabh Banerjee not only reinforces the protection of well-known trademarks but also underlines a compelling public health dimension when it comes to food-related IP infringement.
The Court observed that in the context of edible goods, even a low degree of confusion can have serious consequences. "The threshold for deceptive similarity must be stricter when it comes to food products, as such confusion can directly impact human health," the Court noted. It added that even consumers with average intelligence and imperfect recollection could easily mistake the infringing entities for Domino’s due to phonetic and visual similarities.
Domino’s had approached the Court citing trademark infringement and passing off, stating that several pizzerias were exploiting its former name ‘Dominick’s Pizza’, a name it originally adopted in 1960 before rebranding as ‘Domino’s’ in 1965. The company claimed these entities were deliberately misleading customers and diluting its decades-old brand equity.
Crucially, the Court emphasized that these businesses operate in the same domain and would have been fully aware of Domino’s long-standing reputation. It found no legitimate basis for their adoption of nearly identical names. Pending the next hearing on September 17, the Court restrained the defendants from using these marks and directed food delivery platforms Zomato and Swiggy to delist the infringing listings immediately.
By invoking both trademark law and public safety, the Delhi High Court’s order sets a precedent for how edible brand disputes are adjudicated, where brand confusion is not just a business risk, but a health concern.
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