DELHI HIGH COURT: HIGHER DEGREE OF CAUTION REQUIRED WHERE MARKS PERTAIN TO FOOD ITEM OR EATERIES; TRADEMARK INFRINGEMENT

The Delhi High Court in the case Dominos Ip Holder And Anr.v. Ms Dominick Pizza And Anr observed that where the trademarks in the suit pertain to the food items or eateries where food items are served, it needs to be observed that the higher degree of care and caution.

The court in the case observed that running an eating house using a mark which is deceptively similar to a reputed mark does not speak well for the concerned enterprise.

The bench of Justice C Hari Shankar in the case observed and has stated that the intent to capitalise on the reputation of a known and established brand, by using the mark which is deceptively similar to the mark used by the brand, can, in a given case, which give rise to the legitimate apprehension of quality compromise by the imitator. Therefore, the courts have to be vigilant in ensuring that, where the marks relate to consumable items or to enterprises such as hotels, restaurants and eating houses where consumable items are served to customers, such imitative attempts are not allowed to go unchecked.

The court in the case made the said observations while permanently injuncting an eatery Dominick Pizza in a suit filed by Dominos of trademark infringement.