Bombay High Court Issues Temporary Ban On Pune Eatery From Using ‘Burger King’ Name

This ruling comes after Burger King appealed a previous decision from a Pune court that had dismissed its lawsuit, which claimed that the local restaurant’s use of the name was harming the company’s brand. The lawsuit was initially filed by Burger King Corporation in 2011, aiming to stop the Pune eatery from using the “Burger King” name, arguing that it was causing considerable harm to the company’s brand and reputation.

However, the Pune court sided with the local eatery, which has been using the “Burger King” name since 1992, because it began operations well before Burger King Corporation entered the Indian market.

Burger King Corporation responded by appealing to the Bombay High Court, seeking an interim injunction to stop the eatery from using the name “Burger King” while the appeal is pending.

On Monday, a division bench comprising Justices A S Chandurkar and Rajesh Patil agreed to extend the ad-interim order issued by the Pune court in January 2012, which had temporarily barred the eatery from using the name.

Hiren Kamod, representing Burger King Corporation, argued that the Pune court’s ruling was incorrect, emphasizing that the company now has over 400 locations in India, with six of them in Pune. He also pointed out the potential harm to Burger King’s business and reputation caused by the local eatery’s continued use of the name.

On the other hand, Abhijit Sarwate, representing the owners of the eatery, Anahita and Shapoor Irani, claimed that the local business had developed its reputation over many years and accused Burger King of attempting to exploit their established goodwill. He also pointed out that the eatery had recently started using the “Burger King” name online again. 

The court initially intended to set the final hearing for the following month but opted to expedite the hearing due to the long-standing nature of the dispute and the urgency expressed by the eatery’s lawyer.