Bombay HC Restrains Pune Eatery from Using "Burger King" Name in Trademark Infringement Case

Bombay HC Restrains Pune Eatery from Using "Burger King" Name in Trademark Infringement Case

The Bombay High Court on Monday issued a restraining order against a local eatery in Pune, barring it from using the name "Burger King" following a trademark infringement suit filed by the US-based fast food giant, Burger King.

The division bench, consisting of Justice AS Chandurkar and Justice Rajesh Patil, granted the order, effectively overturning a lower court's decision that had previously dismissed the suit. The High Court's order imposes an interim stay, which will remain in place until the next scheduled hearing.

Previously, District Judge Sunil Vethpathak had ruled in favor of the Pune joint, stating that Burger King failed to prove trademark infringement. The judge highlighted that the local business had been operating under the "Burger King" name since 1991-1992, long before the US company entered the Indian market in 2014.

Burger King had initially filed the suit in 2011, seeking a permanent injunction to prevent the Pune joint from using the "Burger King" name, along with ₹20 lakhs in damages. However, the trial court concluded that Burger King had not provided sufficient evidence to support its claims, and therefore, denied the request for damages.

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