Bombay High Court Bars Pune Outlet From Using 'Burger King' Name Temporarily

The Bombay High Court temporarily barred a Pune burger joint on Monday from using the name 'Burger King' until a hearing is conducted on Sept. 6. This decision was made per a 2012 court order that had previously prohibited the Pune restaurant from using the name. However, this is not a final ruling as the hearing on the matter is yet to take place.

The global fast-food chain, Burger King, has challenged a recent Pune court ruling that allowed a local Irani couple's business to continue using the 'Burger King' name. On Aug. 16, the Pune court had ruled in favour of the local business after a lengthy battle.

The US-based Burger King Corp. filed the lawsuit in 2011 after discovering that the Pune-based burger joint, operated by an Irani couple, was using the same name. Burger King argued that this meant a violation of its trademark and requested the court to halt the use of the name and claim damages.

The couple countered that they had been using the name 'Burger King' since 1992, well before the global chain entered India. They maintained that there was no intent to mislead and that Burger King was not widely recognised in India at that time. They also sought R 20 lakh in compensation, claiming that Burger King’s legal actions had negatively impacted their business.

However, the court determined that neither party provided sufficient evidence to support their claims for damages. Additionally, it found that Burger King's request to prevent the Pune outlet from using the name could not be granted due to a lack of evidence.