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The Delhi High Court has ruled in favor of Domino’s Pizza in a trademark dispute against Dominick Pizza, a pizza outlet in Ghaziabad. The court issued a permanent injunction, preventing Dominick Pizza from using the name ‘Dominick Pizza’ and registered trademarks like ‘Cheese Burst’ and ‘Pasta Italiano,’ as it found these to be deceptively similar to Domino’s Pizza.
Justice C Hari Shankar emphasized that the phonetic and visual similarities between ‘Domino’s Pizza’ and ‘Dominick’s Pizza’ could lead to customer confusion. The court stressed the importance of preventing such imitative attempts in the food industry, where the reputation of established brands is vital.
The case began with Domino’s filing a trademark infringement suit against Dominick Pizza, leading to an interim order in August 2022. Justice Shankar noted that using a deceptively similar mark to capitalize on an established brand’s reputation could raise concerns about compromising quality.
The court concluded that Dominick Pizza had indeed infringed upon Domino’s Pizza’s trademark and ordered Dominick Pizza to cease using the name and the marks ‘Cheese Burst’ and ‘Pasta Italiano.’ Additionally, Dominick Pizza was instructed to withdraw its trademark registration application and transfer its internet domain names to Domino’s.