US fast-food giant Burger King Corporation has lost a 13-year legal battle against a Pune-based eatery sharing its name. On August 16, district judge Sunil Vedpathak dismissed the trademark infringement suit, ruling that the Pune restaurant was operating before the US chain entered India and had not infringed on its trademark.
The court dismissed the 2011 suit filed by Burger King Corporation, which sought a permanent injunction against trademark infringement, a claim of passing off, and monetary damages.
The suit, filed against Anahita Irani and Shapoor Irani, owners of the Pune-based Burger King eatery, also sought damages of INR 20 lakh.
In response to the plaintiff company’s demand for a permanent injunction, the court noted that Burger King Corporation began operating under its trademark in India in 2014. In contrast, the Pune-based eatery had been using the ‘Burger King’ trademark for its restaurant services since 1991-92.
“The defendants have been using the trade name for their restaurant since around 1992. The plaintiff’s pleadings are completely silent on how customers might be confused by the defendants’ use of the ‘Burger King’ trademark for their restaurant,” the court stated.
The court stated that Burger King Corporation had “miserably failed” to prove that the Pune eatery had infringed on its ‘Burger King’ trademark.
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Claims for Damages Denied:
The court noted that since there was no evidence of trademark infringement or actual damage caused to the plaintiff company, the company was not entitled to any damages.
“Therefore, in the absence of substantial evidence, the court found that the plaintiff is not entitled to damages, account rendition, or the relief of a perpetual injunction,” the order stated.
The court noted that the plaintiff’s first Indian BURGER KING restaurant opened in New Delhi on November 9, 2014.
Founded in 1954, the plaintiff company manages and operates a global chain of 13,000 fast food restaurants across over 100 countries and US territories.
The suit claimed that the first BURGER KING franchised restaurant in Asia opened in 1982 and that there are now over 1,200 such restaurants across the region.
The suit stated that the company has been using the ‘Burger King’ trademark since 1954, and it is recognised globally.
The company stated that the high quality of its products and services has contributed to the BURGER KING mark gaining significant reputation and goodwill.
Therefore, any adoption or use of an identical or deceptively similar mark by another trader would be considered dishonest and malicious. Such actions would lead to significant losses, damage, and harm to the company’s goodwill, business, and reputation, resulting from the defendants’ unlawful acts, which are both unquantifiable and irreparable.
The Iranis opposed the suit, arguing that it was filed with malicious intent to dissuade legitimate business owners and retailers.
They stated that, aside from the name “Burger King,” there was no similarity between the plaintiff’s trademark and their own shop name.
The Iranis further alleged that since the suit was filed, they have been receiving harassing and intimidating calls.
They sought INR 20 lakh in compensation from the US company for the mental distress and anguish they have endured.
The court, however, denied any monetary relief, noting that aside from oral testimony, no other evidence was presented to support their claims.
