Bombay High Court temporarily restrains Pune eatery from using trade name ‘Burger King’

Bombay High Court temporarily restrains Pune eatery from using trade name ‘Burger King’

The Bombay High Court on Monday (December 2, 2024) passed an interim order restraining a Pune-based eatery from using the brand name ‘Burger King’ until a trademark infringement plea by American fast food giant Burger King Corporation is heard and disposed of. 

Passing order on the interim application, a Division Bench of Justices comprising, A. S. Chandurkar and Rajesh Patil observed, “The Division Bench will be the last fact-finding court and would review the entire evidence. The appeal filed by Burger King needs to be heard and all the evidence will be looked into. Therefore, interim relief granted by the court requires to be continued.” 

The High Court noted that the evidence produced by the Pune-based eatery and the Burger King of their existence in the Indian market needed to be examined and verified. The court directed both Burger King and the Pune-based eatery to preserve all their financial transaction records and tax documents that took place in the last 10 years until the disposal of the appeal.  

Earlier, in August 2024, Pune district judge Sunil Gangadharrao Vedpathak dismissed the 2011 lawsuit filed by Burger King Corporation against the Pune-based eatery owners, Anahita Irani and Shapoor Irani.

Justice Vedpathak noted the points made by advocate Abhijit Sarwate [who appeared for the Pune-based eatery] that said the Pune-based eatery had been using the ‘Burger King’ name since 1991-92, while the U.S. company only began operations in India in 2014. Following this, the same month, Burger King moved the Bombay High Court seeking an interim injunction against the Pune-based eatery, arguing that even though the company entered late in the Indian market, the company’s trademark had been registered in India since 1979.    

Appearing for Burger King, advocate Hiren Kamod had submitted to the High Court that by using the same brand name ‘Burger King,’ the Pune-based eatery was causing a huge loss, damage to the American burger brand and was harming its goodwill, business and reputation. The plaintiff company presently has over 400 Burger King joints in India, of which six are in Pune, Mr. Kamod contended.