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Burger King Trademark Row: High Court Restrains Pune Restaurant from Using Brand Name

Prohibition will remain in effect until a pending appeal is resolved, marking a significant development in legal battle over the use of globally recognized brand name.

Salil Urunkar

Pune: The Mumbai High Court has restrained a popular restaurant in Pune's Camp area from using the name "Burger King" in a trademark dispute filed by the U.S.-based Burger King Corporation.

This prohibition will remain in effect until a pending appeal is resolved, marking a significant development in the legal battle over the use of the globally recognized brand name.

The controversy began when the American corporation filed a trademark infringement lawsuit against the Pune-based restaurant owned by Anahita Irani and Shapoor Irani.

According to the U.S. company, the Pune restaurant’s use of the name “Burger King” since the 1990s caused reputational harm and financial losses to its brand, which has over 400 outlets in India, including six in Pune.

The Pune court had earlier ruled in favor of the local restaurant, stating that it had been using the name since 1992, well before the American company entered the Indian market.

The court declared there was no trademark infringement. Following this, the American company challenged the decision in the High Court.

During the hearing, Justices Atul S. Chandurkar and Rajesh S. Patil emphasized that the High Court’s division bench would serve as the final authority to examine the facts of the case.

The court decided to maintain the interim relief granted to the American company by the trial court, prohibiting the Pune restaurant from using the name.

The High Court clarified that its order was temporary and specific to the interim application. It also directed both parties to preserve business records from the past 10 years for judicial scrutiny. Additionally, the court has agreed to expedite the hearing of the case.

The dispute dates back to 2011 when the American company first filed a case against the Pune restaurant in the trial court. It claimed to have discovered the unauthorized use of the “Burger King” name in 2009 and immediately issued a cease-and-desist notice.

The company, which began selling burgers under the name "Burger King" in 1954, officially entered the Indian market in 2014.

The Pune restaurant, which has now renamed itself "Burger," argued that it had been using the name since the 1990s and enjoyed a strong local reputation.

The owners’ lawyer, Abhijit Sarwate, highlighted that the restaurant had been enduring legal challenges for over a decade and requested an expedited trial.

In its appeal, the U.S.-based corporation, represented by lawyer Hiren Kamod, insisted on an immediate restriction on the Pune restaurant's use of the name to prevent further damage to its brand.

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