INTRODUCTION:
In a recent case of intellectual property right infringement, a single bench of Delhi High Court heard the case and issued order against a food chain operating in the regions of Punjab where the plaintiff was the global fast-food giant Domino’s known for the significance in pizza and fast food restaurants. Now we will delve into a captivating legal battle that has sparked interest in the realm of intellectual property rights. The crux of the case revolves around the allegations of intellectual property infringement, with Domino’s accusing Donito’s of unlawfully leveraging its established goodwill and distinctive branding to market their own food products.
In the world of business and brand identity intellectual property is the only thing that limits the brand identity to the owner and saves the hard earned goodwill in the market. Where Donito’s was leveraging Domino’s Pizza’s goodwill in the market to sell their pizzas and burgers imitating the fast-food giant’s logo and trademarks.
BACKGROUND OF THE CASE:
The plaintiffs are Dominos IP Holder and Jubilant Food Works Limited and the defendants are MG Foods and another. Dominos IP Holder belongs to the Domino’s pizza group of companies Under the ownership of Domino’s LLC the plaintiff manages certain intellectual properties. They are the prior holder and adopter of the mark DOMINO’S . This company is currently expanded in 90 countries with over 20,500 stores. In India Domino’s outlets are run by Jubilant Food Works with over 1900 pizza outlets in 400+ cities. After the market in the United States of America this is the biggest market of the said company with having online and offline presence throughout the nation. The brand spends an immense amount on promotional expenses every year.
On the other hand, the defendant MG Foods has six outlets in the regions of Punjab. Specifically at Nakodar, Jalandhar, Mehatpur, Goraya. They were selling identical foods i.e pizzas and burgers with the mark DONITO’s similar to the plaintiff’s mark. Even in their social media handles like YouTube they were posting videos with the hashtag dominos (#dominos).
They have also applied for the DONITO’S mark having application number 5208690 under class 30. The application was accepted.
FACTS:
- Meaning Of The Mark– The mark DOMINO’S has no meaning associated with the fast food restaurants, and it is arbitrary with its distinctive and exclusive nature associated with the Domino’s LLP company.
- Goodwill of the Brand- The Domino’s brand has harned immense goodwill and has brand reputation. They have been using the trademarks in India since 2007. Also they are listed in the multinational restaurant aggregators like Zomato and Swiggy.
- Statutory Rights- Domino’s has the right under the act of 1999 to safeguard their intellectual property. They have registered trademarks having application number 463304, 572312, 1238053, 1238054, 2145011. So it is their exclusive right to use and restrain the use of the same marks by others.
HIGH COURT’S VIEW & ORDER:
After verifying all the facts of the case, the High Court felt that if injunction is not granted against the defendants, the plaintiffs are going to suffer harm out of it. Considering the prima facie case for granting an ex-parte ad interim injunction the apex court granted an ex-parte ad interim injunction till the case is heard on the next date.
- The court ordered the MG Foods and others working for it to takedown all the identical marks similar to Domino’s Pizza & Domino’s within one week.
- The social media platforms shall take down the listings of the defendants within 72 hours when a communication and copy of the court order is sent to them.
CONCLUSION:
Dominos IP Holder LLC vs MG Foods case underscores the critical importance of intellectual property protection in the food and beverage industry. This case highlights the importance of safeguarding the intellectual property to maintain the position in the market. The MG Foods company used identical logos of Domino’s which was causing harm to them. Delhi High Court played a vital role in safeguarding Domino’s trademarks by issuing ex-parte ad interim injunction against the defendant.
This decision establishes an adequate precedent for future cases. This also highlights the judiciary’s dedication to protecting intellectual property rights. Establishing brand distinctiveness and authenticity while protecting the other’s intellectual property that’s what creates a legitimate brand worth the beliefs of the consumers.
Written by- ABHISINCHAN DAS
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