Archian Foods Private Limited vs Anchal Trading Company & Ors on 12 December, 2023
28. Further, in case of food products/ beverages - which are edibles
consumed by different age group of people, there should be additional
caution, such that these imitative attempts are curbed. This court relies on
the judgement of Dominos Ip Holder LLC & Anr. vs Ms Dominick Pizza
& Anr. (2023/DHC/7126), wherein it was held that Courts have, therefore,
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 relevant portion is set out below: