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In an interim order, the Bombay High Court has temporarily restrained a Pune-based eatery from using the name âBurger King' pending the final hearing and disposal of a trademark infringement appeal filed by the US-based fast-food giant, Burger King Corporation.
The multinational corporation approached the Bombay High Court in August, challenging a Pune court's decision to dismiss its trademark infringement suit against the local eatery. The US company had also filed an application seeking an interim injunction against the owners of the Pune eatery, Anahita Irani and Shapoor Irani, to prevent them from using the âBurger King' name during the pendency of its appeal.
The division bench of Justices A S Chandurkar and Rajesh Patil, while hearing the matter on Monday, noted that a detailed examination of the evidence is necessary to decide the appeal. The court stated, "Until then, the interim order (restraining the Pune-based eatery from using the name 'Burger King') is required to be continued."
The High Court also expedited the hearing of the appeal and directed both the plaintiff (Burger King Corporation) and the defendants (Pune-based eatery) to preserve financial transaction records and tax documents for the past 10 years until the final resolution of the case.
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Burger King Corporation argued that the use of the name 'Burger King' by the Pune eatery caused significant loss and damage to its goodwill, business, and reputation. According to PTI reports, the US-based company presently operates over 400 outlets across India, including six in Pune.
The origins of the dispute date back to 2011 when Burger King Corporation filed a trademark infringement suit against the Pune eatery, alleging unauthorised use of its brand name. However, the local court dismissed the suit, citing that the Pune-based eatery had been operating under the name 'Burger King' since 1992 - well before the US fast-food giant entered the Indian market.
The company's counsel, Hiren Kamod, argued that the Pune court erred in its ruling, as the multinational's trademark rights extend globally, regardless of the local eatery's prior use of the name.
The matter will now proceed for a detailed hearing to assess evidence and determine whether the multinational fast-food company's claim of trademark infringement holds merit. PTI reports that the court's interim order ensures the protection of Burger King Corporation's trademark rights until the final verdict.
(With inputs from PTI)
