Trademark infringement suit settled: defendant no.1 acknowledged plaintiffs' trademarks and filed an undertaking to cease use of infringing packaging and adopt new packaging under 'D'Mons'. Defendants 2 and 3 were deleted from the party array; the suit was decreed in terms of the undertaking.
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DOMINOS IP HOLDER LLC & ANR. .....Plaintiffs Through: Mr. Shantanu Sahay and Ms. Manvi Panwar, Advocates.
versus
MR KAPIL KUMAR & ORS. ....Defendants Through: Mr. Pranav Prasoon, Advocate alongwith Mr. Kapil, defendant no.1 in person.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R % 15.05.2026
CS(COMM) 401/2026 Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2026 at 11:41:54
by way of an affidavit which is extracted hereunder:
2. That I acknowledge the Plaintiffs' rights in the well-known and registered
trademarks
and trademarks as tabulated m Paragraph 20 of the Plaint (hereinafter, "Domino's trademarks") and its distinctive red and blue color combination packaging ( and the various representations and formatives thereof).
3. That I have discontinued business activities under the packaging
and are not carrying on any business activity using any mark or packaging referring to the Plaintiffs' trademarks or its formative. 4. That I have adopted new packaging for my business activities under trademark D'Mons which are as reproduced below:
5. That I would not adopt or use or register any mark identical or deceptively similar to Plaintiffs' Domino's trademarks (and the various representations and formatives thereof) at any point of time in future;
6. I shall take reasonable steps to remove or cease use of any existing physical or online material pertaining to the impugned packaging within 15 days, from the date of signing of this Undertaking and would provide a proof of the same to the counsel of the Plaintiff;
7. I confirm that this Undertaking will be binding upon any successors, assigners, licensees and on any associated or affiliated company over which I have control.
CS(COMM) 401/2026 Page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2026 at 11:41:54
DEPONENT
VERIFICATION:
Verified at New Delhi on this 27th day of April 2026 that the contents of above affidavit are true and correct, that no part of it is false and nothing material has been concealed therefrom.
DEPONENT”
TUSHAR RAO GEDELA, J
MAY 15, 2026 kct
CS(COMM) 401/2026 Page 3 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2026 at 11:41:54
1 issue framed by the court
Whether the suit could be decreed in terms of the settlement undertaking furnished by defendant no.1.
2 provisions across 2 enactments
Dominos IP Holder LLC
MR KAPIL KUMAR
Tushar Rao Gedela
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
