US giant Burger King Corporation has lost a 13-year-long legal battle against a namesake eatery in Pune after a district court dismissed a lawsuit filed by the company alleging trademark infringement.
District judge Sunil Vedpathak ruled that the city-based eatery ‘Burger King’ had been operating well before the US burger chain entered the Indian market. The court found that the US-based corporation failed to prove that the local outlet had infringed on its trademark.
The lawsuit, originally filed in 2011 by Burger King Corporation, sought a permanent injunction to prevent the alleged trademark infringement, as well as monetary damages. The suit also sought Rs 20 lakh in damages from Anahita Irani and Shapoor Irani, the owners of the Pune-based Burger King outlet.
Regarding the plaintiff’s request for a permanent injunction, the court noted that Burger King Corporation began offering services through its restaurants in India only in 2014, while the Pune eatery had been using the ‘Burger King’ trademark since 1991-92.
“Defendants have been using the trade name for their restaurant since about 1992. The pleadings put forth by the plaintiff are totally silent about how customers have been confused due to the use of the trademark ‘Burger King’ by defendants for their restaurant,” the court stated.
The court further concluded that Burger King Corporation “miserably failed” to demonstrate that the Pune eatery had infringed on its trademark while operating the restaurant.
Since there was no substantial evidence of trademark infringement or any actual damage caused to the plaintiff, the court determined that the company was not entitled to any damages.
“In the absence of cogent evidence, I find that the plaintiff is not entitled to damages, rendition of accounts, or the relief of a perpetual injunction,” the court’s order stated.
The court noted that Burger King Corporation opened its first Indian BURGER KING restaurant in New Delhi on November 9, 2014.
The plaintiff company, founded in 1954, manages and operates a worldwide chain of 13,000 fast food restaurants in over 100 countries and US territories. The first BURGER KING franchised restaurant in Asia opened in 1982, and there are now more than 1,200 such restaurants across Asia, according to the suit.
The company argued that it has been using the trademark ‘Burger King’ since 1954 and that the high quality of its products and services has earned the brand significant reputation and goodwill worldwide. Therefore, any use of an identical or deceptively similar mark by any trader would be considered dishonest, malicious, and harmful to the company’s reputation, goodwill, and business, causing unquantifiable and irreparable damage.
The Iranis opposed the lawsuit, asserting that it was filed with malicious intent and aimed at discouraging legitimate business owners and retailers who are bona fide users of the trademark. They further argued that apart from the name ‘Burger King,’ there was no similarity between the plaintiff’s trademark and their shop name.
The Iranis also alleged that since the lawsuit was filed, they had received harassing and intimidating phone calls. They sought Rs 20 lakh in compensation from the US company for the mental pain and agony they endured.
However, the court denied monetary relief to the Iranis as well, noting that aside from oral testimony, no other evidence was provided to support their claims.
