Bombay High Court Stays Trial Court Order Permitting Pune-Based Food Joint To Use 'Burger King' Trademark

The Bombay High Court on Monday stayed an order of a local Court and restrained a Pune-based food joint from using the trademark 'Burger King', granting relief to the United States food giant 'Burger King.'A division bench of Justices Atul Chandurkar and Rajesh Patil stayed the order while admitting the appeal filed by Burger King against the Pune Court's verdict. While granting relief to the US food joint, the judges orally observed that their division bench will be the last "fact-finding" court and made it clear that the entire evidence, related to this case, would be looked into, again. The bench therefore, directed both the parties, to preserve their business records of the last 10 years. Notably, the bench had on August 26, granted an ad-interim and stayed a July 16, 2024 order of a Pune Court, which had permitted the city's popular food joint to use 'Burger King' trademark. The trial court had also dismissed the suit filed by the US company seeking a permanent injunction against Anahita and Shapoor Irani, proprietors of the Pune food outlet.Before the trial court, the US company, submitted 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. It had filed a 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.Upon applying for trademark registration in India in 2009, the US company discovered that the Pune eatery was already operating under the name 'Burger King.' However, the defendants - proprietors of the Pune eatery, argued that they had been using the trade name since 1992. They also contended that the 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 are prior users of the trademark in question in India and dismissed the suit.Before the High Court, advocate Hiren Kamod, representing Burger King, argued that an interim injunction has been operating against the defendants since January 2012. However, after the impugned order by the District Court, the defendants have started using the Trademark in question.The HC has now admitted the appeal and is likely to decide the issue in due course.

Bombay High Court Stays Trial Court Order Permitting Pune-Based Food Joint To Use 'Burger King' Trademark

Narsi Benwal

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