A commercial court in Pune has ruled in favour of a local eatery named Burger King after a protracted 13-year legal dispute with the US-based multinational fast-food chain, Burger King Corporation.
District Judge Sunil Vedpathak presided over the court and delivered the verdict on 16 August, rejecting the global corporation's plea for a permanent injunction.
The legal battle, initiated by Burger King Corporation in 2008 aimed to prevent Pune’s Burger King from using the business name and trademark, accusing the local eatery of trademark infringement, passing off and seeking damages. However, Judge Vedpathak determined that the local restaurant, owned by Anahita and Shapoor Irani had established legitimate use of the 'Burger King' name well before the American company entered the Indian market.
The court acknowledged that Pune’s Burger King had been operating under the name since 1992-1993, predating the US corporation's trademark registration in India.
Judge Vedpathak further noted that Burger King Corporation had not utilised the trademark in India for nearly three decades, during which the local business consistently operated under the same name.
The multinational fast-food giant officially entered the Indian market in 2014, establishing outlets in major cities including Delhi, Mumbai and Pune. The corporation's petition claimed that the basis for the lawsuit arose in 2008 when they became aware of the Iranis' trademark application for 'BURGER KING' and their continued use of the name. A cease-and-desist letter was issued to the owners of the Pune restaurant, to which they responded in 2009, affirming their right to retain the name.
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