Bombay HC bars Pune eatery from using 'Burger King' name
The Bombay High Court has issued an interim order, preventing a Pune-based burger joint from using the name "Burger King." This decision is in response to a trademark infringement appeal filed by the United States-based international burger brand. The court will further examine the company's interim application on September 6. Until then, the Pune eatery is prohibited from operating under the "Burger King" name.
Trademark dispute between local and international brands
The trademark dispute involves a Pune eatery, owned by Anahita Irani and Shapoor Irani, which has been operating under the name "Burger King" since 1992. The multinational fast-food corporation initiated legal action against this establishment for alleged trademark infringement. In response to the ongoing lawsuit, the Pune joint has temporarily rebranded itself as "Burger."
Pune court's initial ruling and appeal details
The Pune court initially ruled in favor of the local eatery, stating that it had been using the "Burger King" name since 1992, long before the US company began operations in India. However, the multinational corporation appealed this decision and requested an interim injunction against the Pune joint. The corporation's legal team argued that there are over 400 Burger King outlets in India, including six in Pune alone.
Alleged damages and the history of the dispute
The multinational corporation claims that the Pune joint's use of the "Burger King" name is causing financial losses and damaging its reputation. The owners of the local eatery have requested an urgent hearing, stating they have suffered for over a decade due to this issue. The dispute dates back to 2008 when the US company discovered that their Indian counterpart had applied for a trademark under "Burger King."
Iranis's defense and compensation claim
The Iranis have defended their use of the "Burger King" name, arguing that there is no similarity between their shop's name and the US giant's trademark. They highlighted differences in design and color usage, noting that they used a crown between the words "Burger King." The owners also alleged mental harassment due to this legal battle and are seeking compensation of ₹20 lakh.
