Bombay HC Temporarily Bars Pune Eatery from Using ‘Burger King’ Name

Thus, the US Burger King has got a temporary relief in the case of trademark violation with the Bombay High Court on Monday restraining a Pune-based restaurant from using the brand name ‘Burger King’ till September 6.

The company had last week moved the high court on a lawsuit filed against the order of a Pune court, which also last week dismissed its petition against a similarly named food joint in Pune having the same brand name for trademark violation.

Company’s application likely to be heard on September 6

The division bench of Justices A S Chandurkar and Rajesh Patil said that it would first take an application filed by the company against the restaurant for an interim injunction on September 6.

Till then, the ad interim passed by the Pune court in January 2012, restraining the eatery from using the name “Burger King,” would continue, the high court ruled.

The fast food company had approached the court to get an injunction against the eatery over the use of its brand name “Burger King.” It has claimed this was causing huge financial loss and then again raised serious conspiracy wielding allegation against the company’s reputation, business, and goodwill.

It should be noted that a case filed by Burger King Corporation in 2011 was rejected by a Pune lower court on the basis that the city-based restaurant had been doing its business since 1992, before the entry of the US fast-food chain into the Indian market.

Burger King Corporation also applied to the high court for an interlocutory injunction that would restrain the restaurant owners from going ahead to use the name until an appeal was heard and lodged.