Pune Burger King: Global Giant Burger King Corporation Faces Major Setback in India

In a significant legal decision, a commercial court in Pune has ruled against American fast-food giant Burger King Corporation, allowing a local restaurant in Pune to continue using the ‘Burger King’ trademark. The ruling, delivered by District Judge Sunil Vedpathak on August 16, comes after a prolonged 13-year legal battle between the two parties.

The case was initiated by Burger King Corporation, which sought a permanent injunction against the Pune-based restaurant for alleged trademark infringement, along with damages. The lawsuit targeted Anahita and Shapoor Irani, the owners of the local Burger King outlets located in Camp and Koregaon Park, Pune.

In his ruling, Judge Vedpathak highlighted that the Pune-based Burger King had been using the name and trademark long before the American corporation registered its trademark in India in 1989. He noted that the U.S. company had not utilized the trademark in India for nearly 30 years, during which time the Pune establishment had continuously operated under the ‘Burger King’ name. This, according to the court, made the local use of the trademark both legal and honest.

The dispute dates back to 2008 when Burger King Corporation discovered that the Pune-based restaurant had filed a trademark application (No. 1209146) for the name ‘Burger King.’ The U.S. company responded with a cease-and-desist letter, which the Iranis rejected on July 3, 2008, insisting on their right to use the name. This refusal led to the lengthy legal battle that has now culminated in favor of the local business.

This is not the first time Burger King Corporation has faced trademark disputes in India. In December 2023, the Delhi High Court recognized "Burger King" as a well-known trademark due to its long-standing use, ruling against another entity operating under the name ‘Burger King Family Restaurant.’

Moreover, in August 2023, a Supreme Court bench led by Justice Sanjiv Khanna dismissed a plea by a local restaurant, noting that Burger King had been using the trademark since 1950.

Burger King Corporation, founded in 1954 by James McLamore and David Edgerton, operates a global chain of approximately 13,000 fast-food restaurants across more than 100 countries and territories, including over 400 outlets in India. The multinational company claims to have invested $960 million in promotions and advertising in the Indian market.

This ruling marks a significant setback for the American fast-food giant in India, underscoring the complexities of trademark law in a globalized market where local businesses with long-standing usage can still prevail against multinational corporations.