Bombay HC bars Pune eatery from using "Burger King" name amid trademark dispute

The Bombay High Court has temporarily prohibited a Pune-based restaurant from using the name "Burger King" while it examines a trademark infringement case filed by the US-based Burger King Corporation, as per reports.

The fast-food giant is challenging a July ruling by a Pune court that dismissed its 2011 lawsuit against the eatery, which has been operating under the name since 1992.

On Monday, December 2, a division bench of Justices A.S. Chandurkar and Rajesh Patil extended an earlier ad-interim order issued in 2012 by the Pune court. This order had restrained the eatery, owned by Anahita Irani and Shapoor Irani, from using the name "Burger King" in the face of the ongoing legal battle.

The US company, which entered the Indian market in 2014, argued that the Pune eatery’s continued use of the name is damaging its reputation, goodwill, and business.

While the Pune eatery has been using the "Burger King" name for decades, the corporation maintains that this should not justify its continued use, given the brand's widespread global recognition.

In its legal submissions, Burger King Corporation’s counsel contended that the Pune court erred in dismissing the case, noting that while the Pune eatery’s use of the name predates the company’s entry into India, it was causing confusion among consumers and harming its brand identity.

The court has also instructed both parties to retain financial transaction records and tax documents from the past decade, ensuring transparency as the case progresses.