Trademark Infringement: Bombay High Court Grants Temporary Relief To US Fast-Food Giant "Burger King", Restrains Pune-Based Outlet

In a temporary respite for the United States food giant 'Burger King' the Bombay High Court on Monday granted an ad-interim order, restraining a Pune-based food joint from using the trademark 'Burger King' till further hearing in the matter.

A division bench of Justices Atul Chandurkar and Rajesh Patil said it will hear the appeal filed by Burger King Corporation, the US food company through its counsel Hiren Kamod, on September 6.

"Till then the ad-interim relief to continue against the defendants," the judges said while deferring the hearing in the matter.

By this, the bench granted an ad-interim stay to a July 16, 2024 order of a Pune Court, which had permitted the city's popular food joint to use 'Burger King' trademark. The trial court had also dismissed the suit filed by the US company seeking a permanent injunction against Anahita and Shapoor Irani, proprietors of the Pune food outlet.

Before the trial court, the US company, submitted that it started selling burgers under 'Burger King' name in 1954 and is presently the second largest fast food hamburger company in the world employing 30,300 people across 100 countries. It had filed a suit in 2011 seeking a permanent prohibitory injunction against the use of the trademark 'Burger King' by the proprietors of the Pune eatery and also damages of Rupees 20 lakhs.

Upon applying for trademark registration in India in 2009, the US company discovered that the Pune eatery was already operating under the name 'Burger King.' However, the defendants - proprietors of the Pune eatery, argued that they had been using the trade name since 1992. They also contended that the the plaintiff has not used the trade mark in India for nearly 30 years since registration.

Finding no merit in the suit, the District Court observed that the defendants are prior users of the trademark in question in India and dismissed the suit.

Before the High Court, Kamod, representing Burger King, argued that an interim injunction has been operating against the defendants since January 2012. However, after the impugned order by the District Court, the defendants have started using the Trademark in question.

The bench sought the copy of the final judgment by the trial court and after going through the same, it opined that a detailed hearing would be needed before passing any orders in the interim plea filed by the US company, seeking to stay the Pune court's order. It therefore adjourned the hearing.