A local eatery named Burger King in Pune has won a significant legal victory after a 13-year dispute with the US-based Burger King Corporation.
On August 16, District Judge Sunil Vedpathak ruled in favor of Pune’s Burger King, rejecting the multinational fast-food chain’s request for a permanent injunction against the local business.
The legal clash began in 2008 when Burger King Corporation sought to prevent the Pune establishment from using the “Burger King” name. The corporation accused the local restaurant of trademark infringement and sought damages. However, Judge Vedpathak determined that the Pune restaurant, owned by Anahita and Shapoor Irani, had been using the “Burger King” name long before the American company entered the Indian market.
The court noted that the Pune Burger King had been operating under this name since 1992-1993, which was before the US company registered its trademark in India.
Judge Vedpathak also highlighted that the global fast-food giant had not used the trademark in India for nearly 30 years while the Pune business continued to operate under the same name.
Burger King Corporation entered the Indian market officially in 2014, opening outlets in major cities such as Delhi, Mumbai, and Pune. The dispute started in 2008 when the corporation discovered the Iranis’ trademark application for “BURGER KING” and their continued use of the name. They sent a cease-and-desist letter to the Pune restaurant owners, who responded in 2009, asserting their right to keep the name.