Whose Burger Is King? Bombay High Court To Decide As Stay On Pune Joint Continues
A Pune court had previously dismissed Burger King's claim, noting that the local joint had been using the name since the early 1990s.
In a relief to the US-based fast food chain Burger King, the Bombay High Court has furthered the stay on a Pune court's ruling to throw out Burger King's trademark infringement lawsuit against a local restaurant using the same name.
The court’s temporary order, issued by Justices AS Chandurkar and Rajesh Patil, bars the Pune-based eatery from using the "Burger King" trademark, until the appeal is resolved.
The Bombay High Court bench has also directed both parties to preserve business records from the past 10 years as the case moves forward. However, as a much-needed respite for both the parties, the high court bench mentioned that it will be expediting the appeal proceedings and looking at all the evidence.
A Pune court had previously dismissed Burger King's claim, noting that the local joint had been using the "Burger King" name since the early 1990s—years before Burger King’s trademark registration for restaurant services in India, in 2006.
Burger King, the global fast-food chain, argued that its trademark had been registered in India since 1979, even though it had only entered the Indian market much later. Meanwhile, the Pune-based restaurant, operated by a local Irani couple, mentioned before the court that they had been using "Burger King" since 1992, well before the global brand entered into the country.
This legal fiasco dates back to 2011, when Burger King filed its lawsuit against the Pune-based joint after discovering its use of the same name. Burger King alleged trademark infringement and sought to prevent the local restaurant from continuing to use the name, claiming damages for the alleged violation. However, the Pune court dismissed the case, citing insufficient evidence and a lack of support for Burger King’s claim for damages.
In contrast, the Pune eatery argued that Burger King had not been widely recognised in India at the time of their initial use of the name and claimed that Burger King’s legal action had damaged their business. The court ruled that neither party had provided enough evidence to solidify their compensation claims.
