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Burger Singh gets interim relief in trademark dispute against ex-franchisee
In the case Tipping Mr Pink Pvt Ltd v. Dr Prabhat Ranjan, Justice Jyoti Singh ruled that a prima facie case had been made for the grant of an ex parte injunction.
In the case Tipping Mr Pink Pvt Ltd v. Dr Prabhat Ranjan, Justice Jyoti Singh ruled that a prima facie case had been made for the grant of an ex parte injunction.
The Delhi High Court has granted interim relief to fast-food chain Burger Singh, restraining a former franchisee in Patna from using its brand name following alleged contract violations and unauthorised brand use.
In the case Tipping Mr Pink Pvt Ltd v. Dr Prabhat Ranjan, Justice Jyoti Singh ruled that a prima facie case had been made for the grant of an ex parte injunction. The court directed the respondent to immediately stop using the 'Burger Singh' mark or any deceptively similar name for its goods and services.
Burger Singh, which has been operating under the brand since 2013, entered into a five-year franchise agreement with the Patna-based respondent in 2023. However, the company alleged that the outlet breached several terms of the agreement — including using expired food items, failing to pay for raw materials, and disconnecting CCTV surveillance. The agreement was terminated in May 2025.
Despite the termination, the Patna outlet allegedly continued using the Burger Singh name and brand assets. The High Court viewed this as unauthorised use that could mislead customers and amount to passing off.
Additionally, the Court appointed a local commissioner to visit the disputed outlet and seize infringing materials such as hoardings, posters, manuals, catalogues, and letterheads. The commissioner is required to submit a report within two weeks of the order.
Advocate Jayant Kumar appeared on behalf of Burger Singh. The matter will be heard next on a date yet to be fixed.
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