The Supreme Court has issued a stay on a Bombay High Court order that had previously restrained a Pune-based eatery from using the name “Burger King.” This decision comes amidst ongoing trademark infringement proceedings initiated by the US-based fast-food giant, Burger King Corporation.
The apex court, led by Justices B V Nagarathna and Satish Chandra Sharma, responded to the appeal against the High Court’s decision on March 7, granting relief to the Pune eatery operated by Anahita Irani and Shapoor Irani. The Supreme Court’s order suspends the High Court’s restriction until further notice and has expedited the process by issuing a notice to the Burger King Corporation.
In their ruling, the justices stated, “The impugned order is stayed until further orders. However, the pendency of this special leave petition would not come in the way of the high court disposing of the appeal filed by the respondent herein as expeditiously as possible.” This directive aims to balance the legal proceedings with the operational realities faced by the local business.
The dispute began when Burger King Corporation sought legal redress in 2011 after discovering the Pune eatery’s use of the “Burger King” name, alleging trademark infringement. The Pune court initially dismissed this suit, noting that the local “Burger King” had been operational since 1992, predating the American company’s entrance into the Indian market.
The High Court of Bombay had intervened by restraining the Pune eatery from using the trademarked name in December 2024, following an appeal by the American corporation. This appeal was a reaction to the Pune court’s earlier decision, which had dismissed the suit brought by the Burger King Corporation. The High Court had extended an ad-interim stay and began hearing the company’s plea for an interim injunction in August 2024.
Burger King Corporation has argued that the unauthorized use of its name by the Pune eatery has led to significant losses, damaging its brand name, business reputation, and goodwill. This case has drawn attention to the complexities involved in trademark law, especially in cases where brand names are globally recognized.
