Pune’s Burger King won a 13-year trademark case against a global powerhouse.

Credit : The Pune Mirror

 

Burger King Corporation, based in the United States, has lost a 13-year legal battle against a namesake restaurant in Pune when a district court dismissed its complaint for trademark infringement. The worldwide fast-food chain’s attempt to restrict the Pune-based eatery from using the “Burger King” moniker came to an end on August 16 with District Judge Sunil Vedpathak’s verdict.

The legal dispute began in 2011 when Burger King Corporation sued Anahita and Shapoor Irani, the proprietors of Pune’s Burger King, seeking a permanent injunction to prevent the local restaurant from using the brand. The corporation also claimed Rs 20 lakh in damages, stating that the Pune restaurant’s usage of the “Burger King” moniker caused irreparable injury to its brand reputation.

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However, the court decided in favor of the Iranians, finding that they had been doing business under the “Burger King” name since 1992, long before the US-based company entered the Indian market in 2014. Judge Vedpathak observed that “Defendants have been utilizing the trade name for their restaurant since about 1992. The plaintiff’s pleadings are completely silent on how customers have been confused by defendants’ use of the Burger King trademark for their business.”

The court determined that the Burger King Corporation had failed to show convincing evidence that the Pune eatery’s use of the name created customer confusion or hurt its brand. As a result, the court denied the multinational’s requests for a permanent injunction and damages, ruling that the corporation was not entitled to monetary remedy.

The US Burger King, founded in 1954 and operating over 13,000 fast food restaurants globally, stated that the Pune location’s use of the “Burger King” name could confuse customers and harm the company’s global reputation. The corporation stated that its trademark had earned great goodwill over the years, and that any use of an identical or similar mark by another company would be dishonest and damaging.

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The Iranis responded by claiming that the case was filed with malicious intent, with the goal of discouraging honest business owners like themselves. They contended that their eatery and the global fast-food company bore no resemblance other than their names. They also claimed that they had been harassed and intimidated since the complaint was filed, and they wanted Rs 20 lakh in damages for the mental anguish caused by the legal processes. However, the court denied the Iranis monetary compensation, citing a lack of solid evidence to back up their claims.

The verdict permits Pune’s Burger King to continue using the name that has been a part of the city’s food scene for almost three decades, despite the global fast-food giant’s efforts to challenge its right to do so.