A commercial court in Pune has rejected an attempt by American fast-food giant Burger King Corporation to bar a Pune restaurant from using the Burger King trademark. District Judge Sunil Vedpathak ruled in favor of the local Burger King on August 16 after a 13-year-long legal battle.
The court dismissed the suit filed by Burger King Corporation seeking a permanent injunction against the local company for trademark infringement along with damages. The suit was filed against Anahita and Shapoor Irani, the owners of the local Burger King, which has outlets in Camp and Koregaon Park.
In his judgment, Justice Vedpathak said that Pune-based Burger King had been using the name and trademark long before the American corporation registered the trademark in India in 1989. He also observed that the US company had not used the trademark in India for nearly 30 years, while Pune-based Burger King had been continuously offering services under the name during that period, making the use of the trademark both legal and bona fide.
The dispute arose after the Burger King Corporation discovered Pune-based Burger King’s trademark application No. 1209146 in 2008. The US company had sent a cease-and-desist letter to the Iranians, who insisted on July 3 that they be allowed to continue using the name. This refusal triggered the lengthy legal battle.
This is not the first trademark dispute involving Burger King in India. In December 2023, the Delhi High Court recognized “Burger King” as a well-known trademark due to its long-standing use and ruled against a company that operated under the name “Burger King Family Restaurant.”
In August 2023, a Supreme Court bench headed by Sanjiv Khanna dismissed a local restaurant’s petition on the grounds that Burger King had been using the trademark since 1950.
Founded in 1954 by James McLamore and David Edgerton, Burger King Corporation operates a chain of 13,000 fast-food restaurants in more than 100 countries and territories, including more than 400 in India. The multinational corporation claims to have spent $960 million on advertising and promotion in India.
