Burger King Corporation, the US fast-food giant, has lost a 13-year legal battle against a local eatery in Pune, Maharashtra, which shares its name
On August 16, Pune district judge Sunil Vedpathak dismissed the lawsuit filed by the corporation in 2011, which accused the Pune-based “Burger King” eatery of trademark infringement.
Judge Vedpathak ruled that the local eatery had been operating under the “Burger King” name since 1991-92, well before the US chain entered the Indian market in 2014. The court found that the American company failed to prove any trademark infringement by the Pune restaurant.
The US-based corporation had sought a permanent injunction to prevent the local eatery from using the “Burger King” name, along with ₹20 lakh in damages. However, the court found no evidence that the local establishment’s use of the name had caused confusion or harm to the global brand.
The judge noted that the corporation “miserably failed” to demonstrate that the Pune restaurant had infringed upon its trademark or caused any actual damage. Consequently, the court denied the company’s request for damages and rejected the demand for a perpetual injunction.
The corporation, which has been using the “Burger King” trademark globally since 1954 and operates more than 13,000 restaurants in over 100 countries, argued that any use of a similar mark by others would be dishonest and damaging. However, the court dismissed this claim, emphasizing the lack of substantial evidence.
The owners of the Pune eatery, Anahita and Shapoor Irani, argued that the lawsuit was filed with malicious intent to suppress legitimate businesses. They also claimed to have faced harassment since the case began but were denied compensation due to a lack of supporting evidence.
Ultimately, the court refused to grant monetary relief to either party, bringing the long-standing legal dispute to a close.
(With inputs from Agency)
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