Supreme Court Temporarily Allows Pune Eatery To Use Burger King Mark

The Supreme Court has temporarily put on hold a recent Bombay High Court order that had stopped a Pune-based restaurant from using the name ‘Burger King’.

This means the local eatery can continue operating under the same name until the High Court makes a final decision.

Court’s Decision

A bench of Justices BV Nagarathna and Satish Chandra Sharma stated that the Bombay High Court’s order would remain stayed, but the High Court could continue hearing the case.

Background of the Dispute

The case involves a legal battle between the US fast-food chain Burger King Corporation and a Pune-based restaurant that has been using the same name since 2008. The US company, which entered the Indian market in 2014, claimed that the Pune eatery’s use of the name harmed its brand reputation. It sought a permanent ban on the local restaurant using the name.

Pune Court’s Verdict

In July 2024, a Pune court ruled in favor of the local restaurant, recognizing that it had been operating under the name since the early 1990s. The court noted that Burger King Corporation had only registered its trademark for restaurant services in India in 2006. Declaring the Pune eatery a “prior and honest user” of the name, the court dismissed the US company’s case.

Burger King’s Appeal

Burger King Corporation challenged the Pune court’s decision in the Bombay High Court, arguing that it had registered the trademark in India as early as 1979. However, the Pune restaurant’s legal team maintained that it had been using the name since 1992, long before the US brand’s arrival.

Legal Arguments

Senior Advocates Dr. Abhishek Manu Singhvi and K. Parameshwar, representing the Pune eatery, argued that the local restaurant had been using the name long before the US chain entered India. They accused Burger King of unfairly trying to take over their brand. They also pointed out that Burger King originally registered the name in India for paper products, not restaurant services.

On the other hand, Advocate Aditya Verma, representing Burger King Corporation, argued that the appeal process was moving quickly and that allowing another restaurant to operate under the same name could confuse customers.

Court’s Interim Relief

The Supreme Court ruled in favor of the Pune eatery for now, noting that it only had two outlets in Pune, while Burger King is a global brand with many locations.

The court also stated that an interim stay on a lower court’s ruling could unfairly impact the affected party. Therefore, it temporarily suspended the Bombay High Court’s order, allowing the Pune restaurant to continue using the ‘Burger King’ name until the case is fully resolved.

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