The Bombay High Court has restrained a Pune-based eatery from using the name ‘Burger King’. This decision comes after the international fast-food giant Burger King filed a trademark infringement case. The case involves an eatery located on East Street in Pune, owned by Anahita Irani and Shapoor Irani.
To Be ‘Burger King’ Or Not To Be?
The court’s interim order has instructed the Pune joint to stop using the name ‘Burger King’ until a further hearing on September 6. The division bench, consisting of Justice A S Chadurkar and Justice Rajesh Patil, passed this order in response to the appeal filed by the U.S.-based company. The company claims that the use of the name ‘Burger King’ by the Pune eatery infringes on its trademark and causes damage to its brand reputation.
Interestingly, the Pune joint had been operating under the name ‘Burger King’ long before the U.S. company entered the Indian market. The Pune eatery’s lawyers argue that their client has been using the name since 1992, a significant period before the multinational fast-food giant started doing business in India. This was also acknowledged by a Pune court last month. The local court had ruled that the eatery’s use of the name was not in violation of trademark laws, as it had been in operation for decades under that name.
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Goodwill And Reputation
However, the international fast-food corporation is not backing down. In its appeal, it demanded an interim injunction to prevent the Pune joint from using the ‘Burger King’ name until a final decision is reached. The multinational brand operates over 400 outlets across India, with six of them located in Pune. The company claims that the existence of another ‘Burger King’ in the city is harming its business. According to their lawyers, the use of the same name by the Pune eatery is causing losses and confusion among customers, thereby affecting their goodwill and reputation.
The legal battle has put the Pune eatery in a difficult position. While it has built its reputation under the name ‘Burger King’ for over two decades, it now faces the challenge of defending its right to continue using the name. Pending legal proceedings, the eatery has rebranded itself as ‘Burger’. The owners have expressed frustration, stating that they have suffered due to the ongoing legal disputes for over a decade.
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The next hearing, scheduled for September 6, will be crucial in determining whether the Pune eatery can continue using the name ‘Burger King’ or if it will have to permanently relinquish the name it has used for more than 30 years.
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