Trademark Dispute: Bombay High Court Temporarily Restricts Pune Eatery From Using The Name 'Burger King'
Pune: In a recent development, the Bombay High Court has granted interim relief to the US-based fast-food giant Burger King in a trademark infringement case, temporarily preventing a Pune-based eatery from using the name "Burger King" until September 6.
Burger King Corporation had approached the High Court last week after a lower court in Pune dismissed its lawsuit against the Pune eatery, which also operates under the name "Burger King." The corporation alleged that the use of the same name by the eatery was infringing on its trademark and causing significant damage to its business and reputation.
A division bench comprising Justices A S Chandurkar and Rajesh Patil stated that the court would first consider Burger King's application for an interim injunction against the Pune eatery on September 6. Until then, the court decided to extend the temporary order issued by the Pune court in January 2012, which restrained the eatery from using the "Burger King" name.
Burger King Corporation's original lawsuit, filed in 2011, argued that the Pune eatery's use of the "Burger King" name was leading to confusion and harming the company's goodwill. However, the Pune court dismissed the suit, noting that the eatery had been operating under the name since 1992, well before Burger King entered the Indian market.
In response, the corporation filed an appeal in the Bombay High Court, seeking a continuation of the temporary order until the final resolution of the case. The company's legal representative, Hiren Kamod, argued that the previous court's decision was flawed, as it failed to recognize the significance of the trademark and the impact on the corporation's business, which now includes over 400 outlets in India, six of which are in Pune.
The defense, represented by Advocate Abhijit Sarwate, contended that the Pune eatery, owned by Anahita and Shapoor Irani, has been a well-known establishment in the city since the 1990s. Sarwate argued that it is actually Burger King Corporation that is attempting to capitalize on the local eatery's established goodwill.
Initially, the High Court considered scheduling the final hearing of the appeal next month. However, considering the prolonged impact of the interim order on the Iranis, the court agreed to prioritize the hearing of Burger King's interim application.
