The report states that the dispute revolves around Burger King Corporation, which entered the Indian market in 2014, and a Pune-based burger joint which has been using the name since 2008
Stating that the Pune eatery can continue to operate under the ‘Burger King’ name until a final decision, the Supreme Court has stayed an order of the Bombay High Court which restrained the Pune-based restaurant from using the name, as per the report by Bar and Bench.
Earlier, the Bombay HC had stayed a Pune court’s order which dismissed a trademark infringement suit against a Pune-based joint by the United States (US) fast-food giant Burger King Corporation. The corporation alleged that the eatery was using its name which harmed the reputation of the brand and it sought a permanent injunction to stop the use of the name.
Pune court’s ruling came in the favour of the local restaurant due to its prior use of the name. As per the court, the local establishment had been operating since the early 1990s and the US Corporation registered its trademark for restaurant services in India in 2006.
As per the report, the dispute revolves around Burger King Corporation, which marked its entry into the Indian market in 2014, and a Pune-based burger joint which has been using the name since 2008.
Highlighting that the trademark in India was registered as early as 1979, even though the entry into the market was much later, the Burger King Corporation challenged the decision in the Bombay High Court. On the other hand, the legal team of the local restaurant argued that it had been using the name well before the corporation’s launch in India.
As per the Bar and Bench’s report, a bench of Justices BV Nagarathna and Satish Chandra Sharma said that the impugned order shall remain stayed. However, the Bombay HC can continue to hear the appeal. The top court noted that the Indian joint had only two joints in Pune, while Burger King has multiple outlets and is a global corporation.
