Burger King loses 13-year-long trademark dispute against namesake in Pune
Pune-based eatery Burger King, has triumphed in a 13-year-long legal dispute against the global fast-food chain, US-based Burger King Corporation. The case was presided over by District Judge Sunil Vedpathak of Pune's commercial court. The judge dismissed the multinational company's petition on August 16, thereby allowing the Pune restaurant to retain its name.
US firm's trademark infringement claim dismissed
The legal battle was initiated by Burger King Corporation, which operates over 13,000 restaurants globally. The company accused Anahita and Shapoor Irani, owners of Pune's Burger King outlets in Camp and Koregaon Park, of trademark infringement. They demanded damages and a permanent injunction to stop the local restaurant from using the "Burger King" name.
Pune's eatery used name before US trademark registration
Judge Vedpathak ruled in favor of the Irani family, emphasizing that Pune's Burger King had been using the name and trademark since 1992. This was well before the US firm had registered its trademark in India. The court noted that while the global giant had not operated under this moniker in India for nearly 30 years, the Pune establishment had consistently served its patrons under the "Burger King" brand.
US firm entered Indian market in 2014
The US-based Burger King, established in 1954 by James McLamore and David Edgerton, only entered the Indian market in 2014. At this time, they found that a restaurant under the same name was serving locals since 2008. The firm's lawsuit was started after discovering the Pune trademark application, alleging that the existence of the name in Pune, was causing irreparable harm to its brand reputation.
Iranis counter US Burger King's lawsuit, seek compensation
In response to the lawsuit, the Iranis claimed that it was driven by bad faith and intended to intimidate genuine business operators. They argued that despite the naming similarity, there was no substantial resemblance between the two entities beyond the name itself. The Iranis also alleged harassment and sought ₹20 lakh in compensation for distress caused by legal proceedings. However, their claims for monetary relief were not substantiated with sufficient evidence in court.
Pune's Burger King's refusal led to decade-long court battle
The Iranis refused to comply with the US firm's demands, leading to a prolonged court battle that lasted over a decade. "The ruling acknowledges Burger King Pune as the honest and prior user of the name, securing a landmark victory after a legal battle. The name is well known in Pune," stated lawyers representing Pune's Burger King. This is not the first trademark dispute involving Burger King in India.
