After 13 years of legal wrangling, the US-based fast food giant Burger King Corporation has lost its trademark infringement case against a namesake restaurant in Pune, Maharashtra. A local district judge dismissed the lawsuit, concluding that the American company failed to establish any violation of its trademark rights.
In a judgment delivered on August 16, Pune district judge Sunil Vedpathak ruled that Burger King Corporation could not prove that the Pune restaurant infringed on its trademark. The court noted that the city-based eatery had been operating under the name “Burger King” long before the US chain entered the Indian market.
The lawsuit, filed by Burger King Corporation in 2011, sought a permanent injunction to stop the Pune restaurant from using the name, claiming trademark infringement and seeking monetary damages. However, the court rejected these claims.
“The defendants have been using the trade name for their restaurant since around 1992. The plaintiff has not provided any evidence showing that customers were confused by the use of the Burger King trademark by the defendants,” the court stated in its ruling.
Anahita and Shapoor Irani, the owners of the Pune restaurant, were sued for damages amounting to Rs 20 lakh. However, the court sided with the defendants, emphasizing that the Burger King Corporation’s demand for a permanent injunction lacked merit.
The court noted that Burger King Corporation began its operations in India in 2014, while the Iranis’ restaurant had been using the name “Burger King” since 1991-92. The court further ruled that the US company failed to demonstrate any actual damage to its business as a result of the Pune eatery’s operations.
“There is no evidence to support the claim of trademark infringement or actual damage caused to the plaintiff,” the judge wrote in the order. “As a result, the plaintiff is not entitled to damages, an accounting of profits, or a permanent injunction.”
The US chain’s first Indian Burger King restaurant opened in New Delhi on November 9, 2014. According to the lawsuit, Burger King has operated in Asia since 1982 and now boasts more than 1,200 locations across the continent. Globally, the company has used the trademark “Burger King” since 1954, claiming to have built significant goodwill and reputation through the quality of its products and services.
The company argued that any business using an identical or similar mark would harm its goodwill, reputation, and business interests. However, the court found these claims unsubstantiated.
The Iranis, meanwhile, argued that the lawsuit was an attempt to intimidate them and other legitimate businesses. They contended that there was no similarity between their restaurant and the international chain and that the legal action had subjected them to threatening and abusive calls since the case was filed.
The Iranis sought Rs 20 lakh in compensation for the emotional distress they suffered during the legal battle. However, the court declined to award them any damages, stating that their claims were unsupported by evidence beyond oral testimony.
This ruling brings an end to the long-standing legal battle, with the court ultimately siding with the local business and dismissing the multinational corporation’s claims.