13-Year court battle ends in favour of Pune’s Burger King against global corporation

A commercial court in Pune delivered the verdict on August 16, dismissing the global giant’s plea for a permanent injunction.

A commercial court of Pune has ruled in favour of the local eatery Burger King, a popular establishment in the city’s Camp area, following a 13-year-long legal battle with the US-based multinational fast food chain, Burger King Corporation. The court, presided over by District Judge Sunil Vedpathak, delivered the verdict on 16 August, dismissing the global giant's plea for a permanent injunction.

The lawsuit, initially filed by Burger King Corporation in 2008, sought to prevent Pune’s Burger King from using the business name and trademark, alleging infringement, passing off, and demanding damages. However, Judge Vedpathak ruled that the local restaurant, owned by Anahita and Shapoor Irani, had established legitimate use of the name long before the American corporation entered the Indian market.

The court recognised that Pune’s Burger King had been operating under the name since 1992-1993, well before Burger King Corporation registered its trademark in India. In his ruling, Judge Vedpathak noted that the US-based fast food chain had not used the trademark in India for nearly 30 years, during which time the local business had consistently offered services under the same name.

The multinational corporation entered the Indian market in 2014, opening outlets in major cities including Delhi, Mumbai, and Pune. The firm’s petition claimed that the cause for the lawsuit emerged in 2008 when they became aware of the Iranis' trademark application for BURGER KING and their ongoing use of the name. A cease-and-desist letter was sent to the owners of the Pune restaurant, to which they responded in 2009, asserting their right to continue using the name.