A notable trademark dispute has intensified as a local Pune eatery, known as “Burger King,” challenges a Bombay High Court order that restricts its use of the name, which coincides with that of the well-known American fast-food chain.
The conflict began in 2012 when the US-based Burger King, which was founded in 1954 and opened its doors in India in 2014, objected to the Pune eatery’s use of the “Burger King” name, a name the local restaurant has reportedly used since 1992. Initially, a Pune court sided with the local eatery in July 2024, recognizing its prior use of the name in India before the American chain’s entry into the market.
However, the decision was overturned by the Bombay High Court in December 2024, favoring the multinational chain’s earlier trademark registration. The High Court’s ruling emphasized that the American company’s registration of the “Burger King” trademark predated the local eatery’s usage, thereby granting it exclusive rights.
In response, the Pune establishment appealed to the Supreme Court, seeking relief from the High Court’s restraining order. The Supreme Court has since permitted the local eatery to continue using the “Burger King” branding until the final resolution of the appeal, which it has directed the High Court to expedite.
Hiren Kamod, representing the Pune eatery, expressed frustration over the dispute, highlighting the long-standing use of the name by the local business. “We have been using the name Burger King for decades, and now all of a sudden this trademark dispute has arisen,” Kamod stated during the hearing before a division bench comprising Chief Justice Alok Aradhe and Justice Makarand Karnik.
