26 August,2024 03:20 PM IST | Mumbai | mid-day online correspondent
Bombay High Court/ File Photo
United States giant Burger King Corporation has filed an appeal with the Bombay High Court on Monday challenging a district court judgement over the alleged trademark infringement case against its namesake eatery in Pune. According to the media reports, the Bombay HC granted an interim stay on the Pune court's order in the Burger King trademark infringement case.
Burger King had lost a 13-year-old legal battle against its namesake eatery in Pune after the city court had dismissed the trademark infringement case filed by the fast-food joint. District Judge Sunil Vedpathak, in the order dated August 16, had said that the Pune eatery had been operating before the US burger joint entered Indian markets and that the latter could not prove that the Pune eatery had infringed its trademark.
The court denied the Burger King Corporation's 2011 lawsuit seeking a permanent injunction against trademark infringement and passing off, as well as monetary penalties. The Burger King trademark infringement case was filed against Anahita Irani and Shapoor Irani, the owners of a "Burger King" restaurant in Pune. The fast-food company also wanted Rs 20 lakh in damages.
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The court denied the plaintiff's request for a permanent injunction, finding that, while Burger King Corporation began delivering services in India under the "Burger King" trademark in 2014, the Pune restaurant had been using the name since 1991-92.
The court found no evidence to establish that the defendant's use of the "Burger King" name caused confusion among customers. The court ruled that the Burger King Corporation had "miserably failed" to demonstrate any trademark violation by the Pune eatery.
As a result, the court determined that the company was not entitled to any damages, accounting, or a perpetual injunction. The court found no evidence of trademark infringement or genuine injury to the plaintiff.
Burger King Corporation, founded in 1954, has over 13,000 fast-food locations in over 100 countries. The first Burger King restaurant in India opened in New Delhi on November 9, 2014. The corporation contended that any use of an identical or similar mark by others would be dishonest and detrimental to its reputation, given that its "Burger King" trademark is well-acknowledged for high-quality goods and services.
The defendants, the Iranis, claimed that the lawsuit was initiated with the malicious purpose of intimidating lawful company owners. They also claimed that, except for the term "Burger King," there was no similarity between their business and the plaintiff's trademark. The Iranians also claimed that they had received abusive and frightening calls since the lawsuit was filed and requested Rs 20 lakh in compensation for the mental distress caused. However, the court denied their request for monetary relief, citing a lack of supporting evidence.
With PTI inputs
