In a major win, Pune’s Burger King has secured a legal victory against US-based Burger King Corporation, who aimed to prevent the local business from using the name and sought compensation. However, the court dismissed the case on August 16.
While, giving its judgement, Pune District Judge Sunil Vedpathak asserted, that the city-based eatery ‘Burger King’ had been operating, long before the US burger chain established its presence in India, and the latter failed to demonstrate that the local restaurant had infringed on its trademark.
Moreover, the court also rejected the 2011 lawsuit filed by Burger King Corporation, which aimed to secure a permanent injunction against trademark infringement, address claims of passing off, and obtaining monetary damages.
The lawsuit targeting owners of the Pune-based Burger King eatery (Anahita Irani & Shapoor Irani), also sought ₹20 lakh in damages.
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Arguments Given By Both Parties
According to US’s based food company, Burger King has been utilizing its name since 1954 and holds trademarks in over 122 countries, including India.
They lodged the lawsuit in 2011, after discovering that an Irani couple in Pune was using the same name for their burger joint. The company argued that this constituted a trademark infringement and sought a court order to stop the Pune-based restaurant from using the name, as well as to receive damages.
But according to the couple, they have been using the name ‘Burger King’ since 1992, well before the global chain established itself in India. They asserted that they did not intend to copy or mislead anyone and that there was no confusion between their restaurant and the international brand. They also claimed that Burger King was not widely recognized in India at that time.
Further, the couple also filed a counterclaim against the US-based fast food chain, seeking ₹20 lakh in compensation, arguing that Burger King’s legal actions had negatively impacted their business.
But, the court determined that neither party presented sufficient evidence to substantiate their claims for damages.
Additionally, the court also found that the request by the US-based Burger King to prevent the Pune couple from using the name could not be granted due to insufficient evidence.
Thus after 13 years, the decision was made in the favour of pune-based eatery. Hence, allowing them to utilize the name ‘Burger King’ freely.
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