Vakil Help Desk News: the Delhi High Court has decreed a trademark suit against a pizza outlet copying the 'Domino's' marks, observing that a higher degree of care is required where similar marks are used for food and eateries.
Vakil Help Desk News, IPR. When it comes to food and eateries, courts expect an even higher degree of care in choosing a brand, because confusion can affect health and safety. The Delhi High Court applied this in Dominos IP Holder LLC & Anr. v. Domind Pizza & Ors.
The dispute
The plaintiff, owner of the "DOMINO'S" marks, alleged that a pizza outlet used a confusingly similar name and get-up. Multiple outlets appeared to be linked, including through a shared food-safety (FSSAI) registration.
What the Court held
- A higher degree of care and caution is required when similar marks are used for food items and eateries.
- The defendants' marks and get-up were deceptively similar to the well-known brand.
- The suit was decreed, with the infringing outlets restrained from using the copied marks.
Why it matters
A familiar-sounding restaurant name trades on the reputation of the original and can mislead customers about quality and safety. Courts treat food and eatery marks strictly, and copycats risk a decree.
What this means for you
If you run a restaurant, cloud kitchen or food brand, choose a genuinely distinctive name and run a trademark search before you launch — food and eatery marks are judged strictly. Brand owners should watch for copycat outlets, including linked ones sharing an FSSAI licence, and act early. We register food and hospitality brands and enforce them against imitators.