Bombay High Court Temporarily Bans Pune Camp’s Burger Shop from Using “Burger King” Name
Pune, 28th August 2024: The ongoing legal dispute between a popular burger shop in Pune’s Camp area and the international fast-food chain Burger King has gained widespread attention. Recently, Pune Court ruled in favour of the local burger shop, allowing it to continue using the name “Burger King.” However, the matter has now escalated to the Bombay High Court, where the court has temporarily banned the Pune restaurant from using the name until a hearing scheduled for 6th September.
The legal battle began in 2011 when Burger King Corporation from the United States of America (USA) filed a lawsuit against the Pune-based restaurant, which is run by an Iranian couple, Anahita and Shapoor Irani. The U.S. company argued that the use of the name “Burger King” infringed on their trademark and sought to stop the couple from using it, as well as claim damages. The couple, however, argued that they had been operating under the name “Burger King” since 1992, long before the American chain entered the Indian market. They stated that their intention was never to mislead anyone, as the brand was not well-known in India at that time.
The Iranian couple also filed a counterclaim for Rs 20 lakh, alleging that Burger King’s legal actions had harmed their business. Despite Burger King’s global prominence, with the trademark registered in 1954 and the first franchised restaurant opening in Asia in 1982, the Pune court ruled in favour of the local restaurant. The court noted that the Iranian couple’s restaurant had been operating under the name “Burger King” before the American chain established a presence in India in 2014. The judge dismissed the U.S. company’s claims, citing that the American chain failed to prove trademark infringement.
Following the Pune court’s decision, Burger King challenged the ruling in the Bombay High Court. The High Court has now placed a temporary ban on the Pune-based restaurant’s use of the name until the next hearing.
