Bombay HC restrains Pune eatery from using name ‘Burger King’

MUMBAI: The Bombay high court on Monday stayed a Pune court’s decision dismissing a trademark infringement suit filed by the US-based fast-food giant, Burger King Corporation, and temporarily restrained a local Pune eatery from using the name “Burger King.”

Burger King Corporation, headquartered in Florida, USA, alleged trademark infringement by Anahita and Shapoor Irani, owners of the Pune eatery, which has been operating since 1989 and adopted the name in 1992. The global chain claimed that the use of its well-known and registered trademark in India, where it entered the market in 2015, causes harm to its reputation.

The Pune eatery serves a variety of food, including burgers, under the same name as the multinational chain. While Burger King Corporation registered its trademark in India in 1979, the Irani couple’s legal team argued that their use of the name predates the global chain’s Indian operations.

The US company’s advocates, Avesh Kayser and Hiren Kamod, contended that the trial court erred in dismissing the suit in July 2023, failing to protect a globally recognised trademark. They emphasised Burger King’s investments and brand-building efforts since 1954, claiming the local eatery’s actions tarnished its image.

On the other hand, advocate Abhijit Sarwate, representing the Irani couple, argued that their use of the name was lawful and well-established before the global chain’s arrival in India.

A division bench of Justices A S Chandurkar and Rajesh Patil reinstated an earlier injunction from 2012, barring the Pune eatery from using the name ‘Burger King’ during the ongoing litigation. The court directed both parties to maintain their business records from the last decade.