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Bombay High Court Blocks Pune Eatery's Use of 'Burger King' Name

The Bombay High Court has stayed a trial court's decision allowing a Pune restaurant to use the name 'Burger King,' pending further hearings 

27-08-2024
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The Bombay High Court has temporarily halted a Pune trial court's decision allowing a local restaurant to use the name 'Burger King.' This decision comes after a plea from the US-based fast-food chain Burger King, which sought to protect its trademark.

The bench of Justices AS Chandurkar and RS Patil issued a stay on the trial court's ruling, which had favored the Pune eatery, until the next hearing scheduled for September 6. The stay effectively reinstates the previous injunction against the use of the name.

Burger King, founded in 1954 and now the second-largest hamburger chain globally, first entered the Asian market in 1982 and opened its first Indian outlet in New Delhi in 2014. The Pune location began operations in 2015.

The dispute traces back to 2008 when Burger King, to safeguard its trademark, filed a caveat after learning that Anahita and Shapoor Irani, owners of a Pune-based restaurant, had applied for the 'Burger King' trademark. The American company raised objections in 2009, asserting that the Irani's use of the name could harm its reputation and business.

The Iranis argued that their use of the name 'Burger King,' which they claim to have used since 1992, was distinct from the US chain's trademark. They also contended that their trademark was registered for different products, including paper goods in 1979 and food items only in 2000, and sought damages for alleged mental harassment.

In August, the trial court dismissed Burger King’s claims, ruling that the Pune eatery had been operating under the name before Burger King's entry into India and found no evidence of trademark infringement. However, the court did not grant the Iranis' request for monetary damages.

The case highlights ongoing legal challenges in trademark disputes, especially involving international brands and local businesses.

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