In an interim relief to US giant Burger King in a trademark infringement suit, the Bombay High Court on Monday restrained a Pune-based eatery from using the brand name until September 6, 2024.
The company had approached the high court last week, challenging an order by a Pune court that dismissed its suit alleging trademark infringement against a similarly named eatery in Pune.
A bench of Justices A S Chandurkar and Rajesh Patil stated on Monday that it would first hear the company’s application seeking an interim injunction against the eatery on September 6.
Till then, the ad-interim order granted by the Pune court in January 2012, which restrained the eatery from using the name “Burger King,” will be extended, according to the high court.
In its suit, the fast-food company sought an injunction against the eatery, arguing that its use of the name “Burger King” was causing significant loss, damage, and harm to its goodwill, business, and reputation. The Pune court had previously dismissed the 2011 suit filed by Burger King Corporation, noting that the city-based eatery had been operating since 1992, which predates the US burger joint’s entry into India.
Burger King Corporation also filed an application in the high court seeking an interim injunction against the eatery owners from using the name pending the hearing and final disposal of its appeal. The company’s advocate, Hiren Kamod, argued that the ad-interim order passed in 2012 by the Pune court should be extended until their plea for an interim injunction is heard.
Advocate Abhijit Sarwate, representing the eatery owners, Anahita Irani and Shapoor Irani, informed the court that they had recently started using the name ‘Burger King’ online. Sarwate argued that the eatery, which has been famous in Pune since the 1990s, was being unfairly targeted by the plaintiff. “The eatery owned by the defendants (Iranis) is renowned in Pune since the 1990s. Why is a giant company like the plaintiff (Burger King Corporation) concerned about us?” Sarwate questioned.
Kamod contended that the Pune court had erred in concluding that the eatery was using the name ‘Burger King’ in India before the US company opened its first fast food outlet in the country. “The plaintiff company currently operates over 400 Burger King outlets in India, including six in Pune,” Kamod noted.
Initially, the bench planned to schedule the final hearing for next month. However, Sarwate requested an urgent hearing, citing the decade-long impact of the ad-interim order on the Iranis. The bench then agreed to hear the company’s interim application first.
