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23 September 2024
On August 26, 2024, the Bombay High Court in India passed an interim order prohibiting a burger eatery in Pune from using the name Burger King until the hearing on the U.S.-based multinational Burger King Corporation’s appeal in September 2024.
In 2008, Burger King Corporation discovered the Pune outlet’s trademark application No. 1209146. In 2011, it filed a lawsuit against the owners of the Pune establishment, Anahita and Shapoor Irani, claiming their eatery violated the American brand’s trademark rights. The globally famous hamburger chain, with 13,000 stores around the world, sought damages and a permanent injunction.
The eatery then dropped “King” from its original name and started carrying “Burger” solely as its business name.
On August 16, 2024, the court in Pune ruled in favour of the Iranis. The court stated their business establishment had been using the name Burger King since 1992, way before its more illustrious namesake entered the Indian market in 2014 and registered its trademark in the country. Therefore, the small burger place in Pune, which opened in 2008, could not have committed trademark infringement.
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Aditi Verma Thakur, Senior Partner, Ediplis Counsels, Bengaluru
“It was a relief to the Pune-based eatery operating with the name Burger King to have a favourable order from the Pune-based civil court in August 2024, in their 13-year-long trademark battle with the American Burger King. This was on the ground that they have been using the name since the 1990s – prior in India – and have built their brand in the region,” said Aditi Verma Thakur, senior partner at Ediplis Counsels in Bengaluru.
Burger King Corporation filed an appeal before the Bombay High Court, its lawyers stating an interim injunction be issued against the small burger joint. Furthermore, the Iranis’ restaurant was affecting the reputation of their client, which had been experiencing heavy losses, the lawyers said in the lawsuit.
“Right now, the Bombay High Court has stayed the August order of the Pune court. The Bombay High Court is currently on its way to decide the appeal within this month. So we would get more clarity on the merits of this case after the high court’s conclusion of the case,” said Thakur.
- Espie Angelica A. de Leon
