In a recent legal development, the Bombay High Court has issued an interim relief to the American fast food giant, Burger King, in a trademark dispute against a local eatery in Pune. The court’s decision halts the use of the ‘Burger King’ name by the Pune-based restaurant until further hearings.
The dispute began when Burger King U.S., which has been using the trademark since 1954, challenged the Pune restaurant’s right to use the name. The contention arose after the Pune trial court sided with the local eatery, owned by Anahita and Shapoor Irani, who have been operating under the name since 1992. The U.S. company, which opened its first franchised restaurant in Asia in 1982 and in New Delhi in 2014, argued that the use of its trademark by others could cause irreparable damage to its brand and goodwill.
Justices AS Chandurkar and RS Patil, presiding over the matter, observed that there had been an injunction against the Pune-based restaurant’s use of the name until a reversal by the trial court. They have now reinstated this injunction until the next hearing on September 6.
The Iranis have defended their use of the name, asserting that they have operated their restaurant since 1989, well before the U.S. chain’s entry into the Indian market. They also claimed that their use of the name does not infringe on the U.S. company’s trademark as they utilize distinct design elements, including a crown symbol between the words ‘Burger King’.
The 2011 trial in Pune court had initially concluded with a dismissal of the U.S. firm’s claims, stating that the local eatery had not violated trademark laws as it had been operational prior to the U.S. company’s entry into India. The trial also rejected the Iranis’ claim for monetary damages due to alleged mental harassment.
