Trademark Dispute: HC Temporarily Bars Pune Eatery from Using ‘Burger King’ Name
Background of the Case
In August, the Burger King Corporation appealed to the High Court after a Pune court dismissed its lawsuit alleging trademark infringement against the similarly named eatery. The corporation also sought an interim injunction to stop the Pune restaurant’s owners, Anahita Irani and Shapoor Irani, from using the name until the appeal is resolved.
Court’s Decision
The High Court extended an earlier ad-interim order from January 2012 that had already restrained the eatery from using the “Burger King” name. Justices A.S. Chandurkar and Rajesh Patil emphasized the need for a thorough examination of the evidence before making a final decision. They stated, “Until then, the interim order restraining the Pune-based eatery from using the name ‘Burger King’ is required to be continued.”
Financial Records Requirement
The court expedited the hearing of the appeal and instructed both parties to maintain their financial transaction records and tax documents for the past ten years until the case is resolved.
Claims of Trademark Infringement
The fast-food giant argued that the Pune eatery’s use of the name was causing significant harm to its business and reputation. The Pune court had previously dismissed the lawsuit, noting that the local eatery had been operating under the name “Burger King” since 1992, well before the US company established its presence in India.Burger King’s counsel, Hiren Kamod, contended that the Pune court made an error in its ruling, highlighting that the corporation currently operates over 400 outlets in India, including six in Pune.
