On Monday, a division bench comprising Justices A.S. Chandurkar and Rajesh Patil emphasized that the company’s appeal must be thoroughly examined, and all evidence reviewed.
![[Trademark Suit] Bombay HC Issues Interim Order, Temporarily Stays Pune Eatery from Using 'Burger King' Name](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/Trademark-Dispute-Bombay-HC-Grants-Interim-Relief-to-Burger-King-in-Case-Against-Pune-Eatery.jpeg?resize=800%2C450&ssl=1)
Bombay: The Bombay High Court issued an interim order on Monday (2nd Nov) restraining a Pune-based eatery from using the name “Burger King” until the trademark infringement case filed by the US-based Burger King Corporation is resolved.
On Monday, a division bench comprising Justices A.S. Chandurkar and Rajesh Patil emphasized that the company’s appeal must be thoroughly examined, and all evidence reviewed.
“Meanwhile, the interim order restraining the Pune-based eatery from using the name ‘Burger King’ must remain in effect,”
the High Court stated.
In August, the company challenged a Pune court’s dismissal of its trademark infringement suit against the similarly named eatery. Alongside the appeal, Burger King Corporation filed an application in the High Court seeking an interim injunction against the eatery’s owners, Anahita Irani and Shapoor Irani, to prevent them from using the “Burger King” name while the appeal is pending.
Earlier, in January 2012, a Pune court issued an ad-interim order prohibiting the use of the name, which the High Court extended in August.
The bench also expedited the appeal hearing and directed both parties to maintain financial and tax records from the past 10 years.
Burger King Corporation argued that the Pune eatery’s use of the name has caused significant financial losses and damaged its goodwill and reputation. The lower court had dismissed the company’s 2011 suit, noting that the Pune eatery had operated under the name “Burger King” since 1992—long before the US company launched in India.
The company’s counsel, Hiren Kamod, contended that the lower court erred in its judgment, emphasizing that Burger King currently operates over 400 outlets across India, including six in Pune.
Earlier, the initial ruling delivered by Pune district judge Sunil Gangadharrao Vedpathak on July 22, 2024, and made public the following day. The district judge dismissed a lawsuit that had been filed on February 18, 2011.
In its appeal to the Bombay High Court, Burger King Corporation argued that an injunction had been in place since January 28, 2012, which prevented the Pune eatery from using the ‘Burger King’ name, limiting them instead to just ‘Burger‘. However, the local restaurant recently started using ‘King‘ as well, which the U.S. company contended a violation of the long-standing injunction. Advocate Hiren Kamod, representing Burger King, presented this argument before the Division Bench of Justices Atul Chandurkar and Rajesh Patil.
The High Court requested a copy of the original injunction and the recent trial court order that allowed the Pune-based restaurant to use the ‘Burger King’ name. However, the appellants needed additional time to present the necessary documents.
Kamod mentioned that while they did not have the interim order available, they could provide the final judgment, highlighting some factual errors in the trial court’s decision. The court scheduled a further hearing for the case at 2:30 PM on the same day.
Burger King, established in 1954 by James McLamore and David Edgerton, headquartered in Miami, Florida, and operates a global chain of over 13,000 fast food restaurants across more than 100 countries. The ‘Burger King’ trademark has been in use since the company’s inception and is registered in 122 countries, including 22 in the Asia Pacific and Southeast Asia regions.
The U.S.-based company filed a lawsuit after discovering that a Pune-based restaurant had been operating under the same name since 2008. Burger King Corporation claimed that this unauthorized use of their name was damaging their brand’s reputation and sought a permanent injunction to prevent the Pune restaurant from using the ‘Burger King’ name.
Judge Sunil Gangadharrao Vedpathak stated,
“With respect to relief of perpetual injunction is concerned, admittedly the plaintiff has started to provide services through restaurant under its trademark Burger King in India particularly in the year 2014 whereas since 1991-92 defendants are using the trademark Burger King to provide restaurant services. Even the plaintiff has not placed on record the registration certificate about registration of its trademark in India under class 42 prior to 1991-92. Admittedly plaintiff has registered its trademark Burger King under class 42 pertaining to restaurant services is of 06.10.2006. So, considering the fact that defendants are prior user of trademark in question, I am of the opinion that the plaintiff has no cause of action to seek relief of perpetual injunction.”
Regarding the claims for compensation and damages, the judge observed,
“So far as claim of compensation/damages of Rs. 20,00,000 is concerned, except bare interested words that due to ex parte order sought by the plaintiff against them, they had caused loss to their goodwill. He had to answer the questions of some customers including the plaintiff. As such, according to him, due to all these things, defendants had caused loss of Rs.20,00,000/-. However, there is no supporting evidence to prove the actual damages caused to defendants. Therefore, like plaintiff, defendants are also not entitled to claim of damages.”
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