Trademark case: Pune eatery barred from using ‘Burger King’ name; Bombay HC to review evidence

US-based fast food chain Burger King heaved a sigh of relief after the Bombay High Court, on Monday, restrained a Pune-based eatery from using the name ‘Burger King’.

The top court, according to news agency PTI, also stated that it would serve as the “last fact-finding court” and would review all the evidence presented by the US chain, announcing an interim relief.

In August, the company filed an appeal in the high court, challenging a Pune court’s order issued the same month. It dismissed its lawsuit alleging trademark infringement against the namesake eatery.

‘…required to be continued’

The Bombay High Court bench, comprising Justices A S Chandurkar and Rajesh Patil, heard the matter and ruled that the company’s appeal needs to be heard and all evidence looked into.

“Until then the interim order (restraining the Pune-based eatery from using the name Burger King) is required to be continued,” the HC said, according to PTI.

The High Court stated that the evidence presented by the fast food chain, which has been in existence since 1954, needs to be carefully examined. Additionally, the HC instructed both parties to maintain and preserve their business records from the past decade.

Burger King case: What happened before?

On August 16, a commercial court rejected an attempt by American fast-food giant Burger King Corporation to prevent the Anahita and Shapoor Irani-owned Pune eatery from using the ‘Burger King’ trademark.

Tasting defeat, the US-based corporation appealed before the Bombay High Court in the same month. On Monday, December 2, after hearing arguments from advocate Hiren Kamod for Burger King (BK), who stated that his client’s goodwill was being tarnished, and advocate Abhijit Sarawate for Irani, who argued that the eatery had been operating before BK launched its franchise in India, the High Court decided on the interim application. The court restrained the use of the same name.