The court established that the use of deceptively similar trademarks constitutes infringement and passing off, justifying an injunction to prevent consumer confusion and protect brand reputation.

% 09.04.2024 I.A. 8135/2024 (Seeking exemption from advance service of the Defendants)

1. The Plaintiffs alleges that Defendants No. 1 to 8 are perpetrating fraud on the general public by creating a false association with the Plaintiffs, resulting in grave financial losses to the Plaintiffs. Considering the nature of controversy involved in the present suit, as well as the peculiar facts and circumstances of the case, exemption from effecting advance service on Defendants No. 1 to 8 is allowed.

2. Application is disposed of.

I.A. 8134/2024 (Seeking Leave to the file additional documents)

3. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.

CS(COMM) 303/2024 Page 2 of 12

4. If Plaintiffs wish to file additional documents at a later stage, they shall do so strictly as per the provisions of the said Act.

5. Accordingly, the application stands disposed of.

I.A. 8136/2024 (Seeking exemption)

6. Exemption is granted, subject to all just exceptions.

7. The Plaintiffs shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

8. Accordingly, the application stands disposed of.

I.A. 8133/2024 (Seeking Discovery)

9. Issue notice, upon filing of process fee, by all permissible modes, returnable on the next date of hearing. Reply, if any, be filed within four weeks from date of service. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

10. Re-notify on 11th September, 2024.

CS(COMM) 303/2024

11. Let the plaint be registered as a suit.

12. Upon filing of process fee, issue summons to the Defendants by all permissible modes. Summons shall state that the written statement(s) shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statement(s), the Defendants shall also file affidavit(s) of admission/denial of the documents of the Plaintiffs, without which the written statement(s) shall not be taken on record.

CS(COMM) 303/2024 Page 3 of 12

13. Liberty is given to the Plaintiffs to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiffs, affidavit(s) of admission/denial of documents of the Defendants, be filed by the Plaintiffs, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

14. List before the Joint Registrar for marking of exhibits on 11th July,

2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

15. List before Court for framing of issues thereafter.

I.A. 8132/2024(under Order XXXIX Rule 1 & 2 of CPC)

16. Mr. Pravin Anand, counsel for Plaintiffs, has presented the following facts and contentions:

16.1. The present suit is filed seeking, inter alia, permanent injunction restraining infringement of Plaintiffs’ trademarks “Domino’s Pizza”,

“ ” and “ ”, as well as passing off, etc.

16.2. Plaintiff No. 1- Domino’s IP Holder LLC, belonging to the Domino’s pizza group of companies, owns and manages certain intellectual property under the ultimate ownership of Domino’s Pizza, LLC. Plaintiff No. 2- Jubilant FoodWorks Limited has exclusive rights to operate Domino’s franchises in India, operating as a single economic entity with Plaintiff No. 1 for the purpose of protecting intellectual property rights and business under the same in India.

CS(COMM) 303/2024 Page 4 of 12 16.3. Plaintiffs are the first and prior adopter of the mark “Domino’s” since the year 1965, and now conduct operations in more than 90 countries, with over 20,500 stores. The Plaintiffs’ initial adoption of the said mark is arbitrary, as it has no meaning or significance in relation to pizza or fast- food restaurants, and thus it is distinctive and exclusively associated with the Plaintif