Bombay High Court Restrains Pune Camp Restaurant from Using the Name ‘Burger King’
Camp, 2nd December 2024: The Bombay High Court has issued an interim order restraining a well-known restaurant in Pune’s Camp area from using the name ‘Burger King,’ citing a trademark infringement claim by the American fast-food giant, Burger King Corporation. The court upheld an earlier interim relief granted to the international company, ensuring the Pune-based restaurant cannot use the name until a pending appeal by the American corporation is resolved.
The High Court has stayed the implementation of a July 16 order by a Pune district court, which had dismissed the trademark infringement case filed by the American company. Following this, Burger King Corporation filed an appeal with the High Court. The court has now restricted the Pune restaurant and its owners, Anahita Irani and Shapoor Irani, from infringing on the trademark.
Burger King Corporation of America filed the lawsuit alleging trademark infringement against the Pune-based restaurant, which had been operating under the name ‘Burger King.’ The restaurant, which has since changed its name to ‘Burger’ during the ongoing legal proceedings, was claimed to have been using the name since 1992.
The division bench comprising Justices Atul S Chandurkar and Rajesh S Patil observed that their bench would be the final arbiter of the facts in this matter. Considering this, the court ruled that the interim relief provided earlier to the American company by the lower court should continue.
The High Court clarified that the order pertains solely to the interim application by the American company. It directed both parties to preserve their business records for the past 10 years to facilitate court inspection. Furthermore, the court agreed to expedite the hearing on the matter.
On August 26, the High Court issued an interim order restricting the Pune restaurant from using the name ‘Burger King.’ This decision supported a prior interim order from the Pune district court dated January 20, 2012, which had similarly restrained the restaurant until further notice.
In a ruling earlier this year, Pune District Court Judge Sunil Vedpathak had noted that the restaurant in question had been using the name ‘Burger King’ since 1992, while the American company registered the trademark in India before commencing its operations in the country. The court had dismissed the claim of trademark infringement.
Advocate Abhijeet Sarwate, representing the Pune restaurant, argued that the establishment has been a prominent name in the city since the 1990s. He emphasized the prolonged hardship faced by the restaurant owners over the past decade and sought an urgent hearing.
Conversely, advocate Hiren Kamod, representing Burger King Corporation, argued that the use of the name ‘Burger King’ by the Pune restaurant was causing reputational damage to the international brand, which operates over 400 outlets across India, including six in Pune.
The American company, which has been selling burgers under the name ‘Burger King’ since 1954, claimed it first discovered the Pune restaurant in 2009. A cease-and-desist notice was sent in June of that year. In 2011, the company filed a trademark infringement lawsuit in the Pune court, marking the beginning of a protracted legal dispute.
With the High Court upholding the interim relief, the case now awaits a final resolution. The ongoing legal proceedings will determine whether the Pune restaurant can continue to use the contested name or if the international brand’s trademark rights will prevail.
