Bombay HC bars Pune eatery from using 'Burger King' name
The Bombay High Court has passed an interim order, restraining a Pune-based restaurant from using the name "Burger King." The decision comes pending the outcome of a trademark infringement case filed by US-based fast food giant, Burger King Corporation. The corporation had approached the HC in August, challenging a Pune court's earlier ruling which dismissed its 2011 trademark infringement lawsuit against the local eatery.
Burger King Corporation seeks interim injunction
The Burger King Corporation has sought an interim injunction against the Pune eatery's owners, Anahita and Shapoor Irani. The firm contends that the local restaurant's use of the "Burger King" name has caused considerable damage to its reputation, goodwill, and business operations. Responding to this appeal, in August, the HC extended a 2012 ad-interim order from the Pune court, temporarily prohibiting the local eatery from using the disputed name.
High Court orders financial record maintenance
The division bench of Justices A.S. Chandurkar and Rajesh Patil has stressed that all evidence must be examined in detail before a final verdict is reached. They have directed both parties to maintain their financial transaction records and tax documents for the last decade, until the case is resolved. The interim order restraining the Pune eatery from using the name "Burger King" will stay till then.
Dispute over prior use of 'Burger King' name
The legal counsel for the Burger King Corporation has argued that the Pune court erred in dismissing their lawsuit. He pointed out that the local eatery's use of the "Burger King" name predates the US company's entry into India, but maintained this shouldn't justify its continued use. The Pune eatery has been operating under this name since 1992, long before Burger King Corporation launched operations in India in 2014.
