'Burger King' Trademark Dispute: Supreme Court Gives Interim Relief To Pune Burger King, Stays HC's Restraint Order

The Supreme Court on Friday stayed the order of the Bombay High Court which restrained Pune's iconic Burger King from using the trademark 'Burger King'.

A Bench comprising Justices BV Nagarathna and Satish Chandra Sharma passed the interim order while issuing notice on a Special Leave Petition filed by the proprietors of the Pune eatery against the High Court's order.

The case relates to the trademark dispute between the United States food giant 'Burger King' and the Pune-based eatery.

In August 2024, the District Court Pune had dismissed the trademark infringement suit filed by the US 'Burger King Corporation' against Pune's Burger King.

The US company, stating 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, filed the 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.

However, the defendants, Anahita Irani and Shapoor Irani, proprietors of the Pune eatery, argued that they had been using the trade name since 1992. They also contended that 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 (Pune Burger King) are prior users of the trademark in question in India.

Challenging the District Court's order, US Burger King appealed to the Bombay High Court, which in December 2024 stayed the trial court's order and passed a restraint order against the Pune-eatery from using the tradename "Burger King".

The Supreme Court has clarified that the High Court can continue to hear the appeal.

Sr. Counsel Abhishek Manu Singhvi and Sr. Counsel K. Parameshwar appeared in the Supreme Court for Pune Burger King.

Anahita Irani v. Burger King | SLP(c) 6282/2025