In a landmark judgment dated August 16, the commercial court in Pune dismissed a trademark infringement lawsuit filed by the U.S.-based Burger King Corporation against a local eatery, marking an end to a prolonged 13-year legal tussle. The district judge, Sunil Vedpathak, ruled that the Pune-based ‘Burger King’ eatery, operational since 1991, was established well before the global fast food giant entered the Indian market in 2014.
The lawsuit, initiated in 2011 by Burger King Corporation and represented by lawyer Pankaj Pahuja, sought a permanent injunction to prevent the use of its trademark and demanded monetary damages amounting to ₹20 lakh. The court, however, sided with the eatery’s owners, Anahita and Shapoor Irani, noting that the local restaurant had been using the name ‘Burger King’ since the early 1990s without causing any customer confusion or infringing upon the trademark rights of the international chain.
Burger King Corporation, established in 1954 and known for its extensive network of over 13,000 outlets across more than 100 countries, argued that its trademark was well-recognized globally. Nevertheless, the court found that the evidence presented did not demonstrate any confusion among customers or any damage to the corporation’s business owing to the local eatery’s operation under the same name.
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The Irani family defended their right to use the name, stating their business predates the American company’s foray into the Indian market. They also sought ₹20 lakh in compensation for the harassment and intimidating calls received following the lawsuit, a claim which the court declined due to insufficient evidence beyond oral testimonies.
