Bombay HC temporarily restrains Pune-based eatery from using 'Burger King' trademark

Previously, a commercial court in Pune dismissed the global giant's plea to stop Pune's Burger King from using the business name and trademark.

In an interim relief to the US-based multinational fast food chain, Burger King in a trademark infringement case, the Bombay High Court (HC) on Monday barred a Pune-based eatery from using the brand name until September 6, as reported by Hindustan Times.

The Pune-based eatery, owned by a couple since 1989, has been serving burgers and other popular food items in the city, using the brand name since 1992.

Burger King approached the high court last week, challenging a Pune court's order that dismissed its suit alleging trademark infringement by the similarly named eatery.

The US-based food chain was founded in 1954, and now operates a global chain of 13,000 fast food restaurants in 100 countries. The chain registered its trademark in India in April 1979, but only opened a location in Pune in April 2015.

A bench consisting of Justice A.S. Chandurkar and Justice Rajesh Patil, hearing the appeal for the first time, was informed by Advocate Hiren Kamod, representing the US-based food chain, that since the judgement being challenged in the appeal was issued, the ad-interim relief granted by the Pune court in 2012 had lapsed.

Advocate Abhijeet Sarwate, representing the owners of the Pune-based food joint, argued that the joint began using the "Burger King" mark after the judgement. However, Hiren Kamod countered that the joint only started using the mark after the appeal papers were served to them. The High Court subsequently granted protection to the US-based food chain against the use of the mark by the Pune-based joint.

The court has scheduled the next hearing for September 6.