A commercial court in Pune has rejected an attempt by American fast-food giant Burger King Corporation to prevent a restaurant in Pune from using the ‘Burger King’ trademark. District judge Sunil Vedpathak ruled in favour of the local ‘Burger King’ on 16 August, after a 13-year legal battle.
The court dismissed the petition filed by the Burger King Corporation, which sought a permanent injunction against the local establishment for trademark infringement, along with damages. The lawsuit was filed against Anahita and Shapoor Irani, owners of the local Burger King that has outlets at Camp and Koregaon Park.
In his ruling, judge Vedpathak said the Pune-based Burger King had been using the name and trademark since well before the American corporation registered its trademark in India in 1989. He also noted that the US company had not used the trademark in India for nearly 30 years, during which time Pune’s Burger King had continuously provided services under the name, making their use of the trademark both legal and honest.
The lawsuit stemmed from Burger King Corporation’s discovery in 2008 of the Pune Burger King’s trademark application No. 1209146. The US firm had sent a cease-and-desist letter to the Iranis, who, on 3 July 3, insisted on continuing to use the name. This refusal sparked to the prolonged court battle.
This is not the first trademark dispute involving Burger King in India. In December 2023 the Delhi High Court recognised “Burger King” as a well-known trademark due to its long-standing use, ruling against an entity operating under the name ‘Burger King Family Restaurant’.
In August 2023, a Supreme Court bench led by Justice Sanjiv Khanna dismissed a plea by a local restaurant, noting that Burger King has used the trademark since 1950.
Founded in 1954 by James McLamore and David Edgerton, Burger King Corporation operates a chain of 13,000 fast-food restaurants in more than 100 countries and territories, including more than 400 in India. The multinational claims to have spent $960 million on promotions and advertising in India.
