Bombay HC Bars Pune Eatery from Using ‘Burger King’ Name, Orders Evidence Review
Mumbai, December 2: In an important legal development, the Bombay High Court has granted interim relief to US-based fast-food chain Burger King Corporation, restraining a Pune-based eatery from using its trademarked name, “Burger King.”
The decision came after the American company challenged an earlier Pune court ruling that dismissed its trademark infringement claim. The High Court bench, comprising Justices A.S. Chandurkar and Rajesh Patil, stated it would thoroughly examine the evidence presented by Burger King to ensure a fair outcome.
The ruling emphasized that the interim order preventing the use of the “Burger King” name would remain in place until a detailed review of the case was conducted. The court also directed both parties to maintain their business records from the past decade, underscoring the need for transparency.
Burger King’s counsel, Hiren Kamod, argued that the eatery’s use of the name tarnished the global chain’s goodwill. Meanwhile, the Pune-based eatery, represented by advocate Abhijit Sarawate, contended that it had operated under the name before Burger King Corporation entered the Indian market.
This ruling follows the August 16 dismissal of Burger King’s initial infringement claim by a commercial court. The High Court’s interim relief marks a critical turn in the ongoing legal battle, ensuring the protection of intellectual property rights while reviewing the merits of the case.
