The Supreme Court has put a hold on a Bombay High Court order that barred a Pune eatery from using the trademark "Burger King" until the US food giant's infringement plea was heard and resolved.

A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma has issued a notice to Burger King Corporation in response to an appeal challenging the Bombay High Court's order.

"The impugned order is stayed until further orders. However, the pendency of this special leave petition would not come in the way of the high court disposing of the appeal filed by the respondent herein as expeditiously as possible. We say so having regard to the fact that the respondent herein has been unsuccessful in the suit filed by it as the suit has been dismissed," the bench said on March 7.

On December 2, 2024, the Bombay High Court restrained the Pune-based food business from using the name "Burger King."  

In August 2024, the company had approached the high court, challenging a Pune court's order that dismissed its trademark infringement suit against the eatery. 

Burger King Corporation also filed an application seeking an interim injunction to prevent the Pune eatery owners, Anahita Irani and Shapoor Irani, from using the brand's name until the appeal was heard and decided.

In August, the Bombay High Court extended the ad-interim stay initially granted by the Pune court in January 2012 and commenced hearing the company's plea for an interim injunction against the Pune-based eatery.  

In its order on the interim application, the high court noted that the company's appeal required thorough examination along with a review of the entire evidence.  

The international fast-food chain argued that the use of its name by the Pune eatery had caused significant financial losses, damaged its brand reputation, and harmed its goodwill and business.  

The Pune court had dismissed the 2011 suit filed by Burger King Corporation, observing that the city-based eatery "Burger King" had been operating since 1992, predating the US fast-food giant's entry into the Indian market.