Pune: Camp’s Burger King Wins 13-Year Court Battle Against U.S.-Based Burger King Corporation

Pune, 17th August 2024: Pune’s popular ‘Burger King’ in Camp has emerged victorious in a 13-year legal battle against the U.S.-based Burger King Corporation, securing its right to continue operating under the same name.

District Judge Sunil Vedpathak ruled in favor of the local Burger King, dismissing the claims of trademark infringement brought by the American fast-food giant.

The lawsuit was initiated by the American Burger King Corporation, represented by Pankaj Pahuja, against Anahita and Shapoor Irani, the owners of M/s Burger King, which operates in Pune’s Koregaon Park and Camp areas. The American company sought injunctions to prevent the use of its trademark by Pune’s Burger King, along with claims for damages and a permanent ban on the use of the name. Advocates AD Sarawte, Srishti Angane, and Rahul Pardeshi represented Pune’s Burger King in the case.

Burger King Corporation, founded in 1954 by James McLamore and David Edgerton in the U.S. state of Florida, has grown into a global fast-food chain with over 13,000 branches in more than 100 countries. The company began expanding into Asia in 1982 and currently operates over 1,200 restaurants across the continent. It entered the Indian market in 2014, opening outlets in New Delhi, Mumbai, and Pune. However, the company discovered in 2008 that a restaurant in Pune was already operating under the same name.

Upon learning this, the American corporation issued a notice in June 2009 to Pune’s Burger King, requesting it to cease operations and proposing an amicable settlement to avoid legal conflict. The U.S. company argued that the ‘Burger King’ trademark had a global reputation for high-quality products and services, which had also gained recognition in India. They claimed that the use of the same trademark by another Indian company was damaging to their reputation and constituted fraud.

Despite these allegations, the Pune-based Burger King refused to settle, leading to a prolonged court battle that spanned over a decade. In his ruling, District Judge Vedpathak noted that Pune’s Burger King had been using the business name and trademark since 1992-1993, long before the American corporation registered its trademark in India. The judge emphasized that the U.S. company had not used the trademark in India for nearly 30 years, during which time Pune’s Burger King consistently provided services under the name, making their use of the trademark legal and honest.

The court’s decision highlighted the consistent service provided by Pune’s Burger King as a key factor in the ruling. The effective arguments presented by Advocates Angane, Pardeshi, and Sarawte helped preserve the reputation and trustworthiness of Pune’s Burger King. This iconic restaurant has been serving the people of Pune for decades and, with this legal victory, is poised to continue doing so for years to come.