Pune ‘Burger King’ Trademark Dispute: Supreme Court Stays Bombay High Court Order
New Delhi/Pune, 7th March 2025: The Supreme Court has put a temporary hold on a Bombay High Court ruling that had barred a Pune-based restaurant from using the name “Burger King.” The legal tussle between the US fast-food chain Burger King Corporation and the local eatery has been ongoing since 2014, when the multinational brand accused the Pune restaurant of trademark infringement and alleged damage to its brand identity.
A bench of Justices BV Nagarathna and Satish Chandra Sharma ruled that the Pune restaurant can continue operating under the disputed name until the Bombay High Court delivers a final judgment. The court stated, “The impugned order shall remain stayed. However, the Bombay High Court can continue to hear the appeal.”
The dispute revolves around the Pune-based restaurant, which has been using the name “Burger King” since 2008—years before the US fast-food chain formally entered the Indian market in 2014. A local court in Pune had earlier dismissed Burger King Corporation’s lawsuit, recognizing the restaurant’s prior and legitimate use of the name since the early 1990s. However, the American company challenged this ruling, citing its trademark registration in India dating back to 1979.
Senior advocates Abhishek Manu Singhvi and K Parameshwar, representing the Pune restaurant, argued that their client had been using the name well before the US chain’s arrival in India and accused the corporation of attempting to monopolize the trademark unfairly. The Supreme Court took note of the potential hardship caused by an immediate ban and granted interim relief to the local business, which operates only two outlets in Pune.
With the Bombay High Court set to continue hearing the case, the final resolution of the dispute remains pending.
