Pune's Burger King Just Landed A Victory In A 13-Year Lawsuit

US-based Burger King Corporation has lost a 13-year legal battle against a namesake eatery in Pune after a district court dismissed its lawsuit. The commercial court in the district dismissed the American company’s trademark infringement lawsuit. District judge Sunil Vedpathak, in an August 16 order, said the city-based ‘Burger King’ eatery was operational before the U.S. company entered the Indian market and that the latter failed to prove trademark infringement.

The controversy arose after Burger King Corporation filed a suit against Anahita and Shapoor Irani, the owners of Pune's Burger King joints in Camp and Koregaon Park. The Court dismissed the 2011 lawsuit filed by Burger King Corporation rwhich sought a permanent injunction against trademark infringement, along with monetary damages of ₹20 lakh, from the eatery’s owners. 

The Court noted that the Pune-based restaurant had been using the ‘Burger King’ name since 1991-92, while the popular American chain only began operations in India in 2014.  “Defendants have been using the trade name for their restaurant since about 1992. The pleadings put forth by the plaintiff are totally silent about how customers have been confused due to use of trademark Burger King by defendants to their restaurant,” it said.

The Court emphasised that while America’s Burger King had not operated under the name in India for almost 30 years, the Pune eatery had been functional under the 'Burger King' brand, making its use of the name legitimate. "With respect to relief of perpetual injunction is concerned, admittedly the plaintiff has started to provide services through restaurant under its trademark Burger King in India particularly in the year 2014 whereas since 1991-92 defendants are using the trademark Burger King to provide restaurant services,” the court observed.

The Iranis have claimed that the lawsuit was filed with malicious intent, aiming to dissuade legitimate business operators like themselves. They maintained that aside from the name, there were no similarities between their restaurant and the global fast-food chain. They further alleged that they had faced harassment and intimidation since the lawsuit's filing and sought Rs 20 lakh in compensation for the mental anguish caused by the legal proceedings.