Judge Vedpathak highlighted that the Pune-based Burger King had been using the name and trademark long before the American corporation registered it in India in 1989.
A commercial court in Pune has ruled against the American fast-food giant Burger King Corporation, rejecting their attempt to stop a local restaurant from using the ‘Burger King’ trademark. The verdict, delivered by District Judge Sunil Vedpathak on August 16, came after a protracted 13-year legal battle.
Burger King Corporation had filed a lawsuit seeking a permanent injunction to prevent the local establishment from using the name ‘Burger King’ and sought damages for trademark infringement.
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The lawsuit was directed at Anahita and Shapoor Irani, the owners of the Pune-based Burger King, which operates outlets in Camp and Koregaon Park.
Judge Vedpathak ruled in favor of the Iranis, highlighting that the Pune-based Burger King had been using the name and trademark long before the American corporation registered it in India in 1989. The judge further noted that the U.S. company had not utilized the trademark in India for almost three decades, during which time the Pune restaurant had consistently operated under the name. This, according to the court, made the local use of the trademark both legal and in good faith.
The dispute originated in 2008 when Burger King Corporation discovered the trademark application No. 1209146 filed by the Pune-based restaurant. The U.S. company responded by sending a cease-and-desist letter to the Iranis. However, on July 3, 2008, the Iranis refused to comply, leading to the lengthy legal confrontation.
This case is not an isolated incident in India. In December 2023, the Delhi High Court recognized ‘Burger King’ as a well-known trademark, ruling against another entity operating under the name ‘Burger King Family Restaurant.’
Additionally, in August 2023, a Supreme Court bench led by Justice Sanjiv Khanna dismissed a plea from a local restaurant, affirming that Burger King has held the trademark since 1950.
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Burger King Corporation, founded in 1954 by James McLamore and David Edgerton, manages a global chain of over 13,000 fast-food restaurants across more than 100 countries, including over 400 outlets in India. The multinational company has reportedly spent $960 million on promotions and advertising in the Indian market.