In Pune, Original Burger King Is the Local Brand, Global Giant Burger King Loses Trademark Battle
Moneylife Digital Team 19 August 2024
In a modern-day David vs Goliath fight, a Pune-based restaurant won a case against US-based Burger King Corporation after a long battle of 13 years. Burger King Corporation had filed the suit seeking a permanent injunction from using the name and Rs20 lakh in damages from Anahita and Shapoor Irani-owned Burger King restaurant from Pune.
 
Last week, Pune district judge Sunil Vedpathak rejected the claim of Burger King Corporation. The bench noted that the restaurant owned by the Iranis has been using Burger King since 1992, while the US-based corporation entered India only in 2014. 
 
"Defendants (the Iranis) have been using the trade name for their restaurant since about 1992. The pleadings put forth by the plaintiff (Burger King Corporation) are totally silent about how customers have been confused due to use of the trademark Burger King by defendants for their restaurant," the court says.
 
While dismissing Burger King Corporation's claims for a permanent injunction and damages, the judge pointed out that the company is not entitled to any monetary relief. 
 
The judgement means the popular eatery on Pune's East Street can now use 'Burger King', the name it had stopped using in 2014 after the US-based corporation filed a suit for infringement of trademark laws. 
 
Burger King Corporation launched its first restaurant in India in November 2014 in New Delhi. It opened its Burger King restaurant in Pune in April 2015.
 
The court says, "...the plaintiff has not placed on record the registration certificate about registration of its trademark in India under class 42 before 1991-92."
 
Founded in 1954 by James McLamore and David Edgerton, Burger King Corporation oversees a global network of 13,000 fast food restaurants in over 100 countries and US territories. 
 
In short, the Puneri Burger King restaurant gave a dhobi pachhad to the US-based Burger King Corporation. The word dhobi pachhad is used in wrestling, where an opponent is physically lifted and thrown from the back.
Comments
kalemohan
2 months ago
best of luck MR.SAPOORJEE & FAMILY FOR THEIR STAUNCH STAND.
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