Burger King, the global fast-food leader, has lost a 13-year legal battle over trademark rights against a small restaurant in Pune, India.
The case revolved around the use of the name “Burger King,” which is shared by both the American chain and the local Pune restaurant.
On August 16, the Pune District Court, led by Judge Sunil Vedpathak, ruled in favor of the Pune restaurant owners, Anahita and Shapoor Irani. The court dismissed Burger King’s lawsuit, which had been filed in 2011.
The court recognized that the Pune restaurant had been operating under the “Burger King” name since 1991-1992, well before the American company arrived in the Indian market in 2014.
Burger King had sought a permanent injunction to stop the Pune restaurant from using the name and requested monetary damages of US$ 20,000 (Rs 20 lakh) for alleged trademark infringement and business losses.
The company argued that its trademark, established in 1954, had a strong global reputation, and any unauthorized use could harm its brand and business.
However, the court determined that Burger King did not prove that the Pune restaurant’s use of the name caused customer confusion or damaged its brand.
“The plaintiff has failed to show that the Pune restaurant infringed its trademark,” the court stated.
Judge Vedpathak’s ruling emphasized that Burger King provided insufficient evidence to support its claims of trademark infringement and actual damages.
“In the absence of clear evidence, the plaintiff is not entitled to damages, account rendering, or a permanent injunction,” Judge Vedpathak said.
The Iranis, owners of the Pune restaurant, opposed the lawsuit, accusing Burger King of filing it with “malicious intentions” to hinder local businesses. They argued that there were no similarities between their restaurant and Burger King’s global trademark and claimed they faced harassment and intimidation since the lawsuit was filed, seeking compensation.
Despite the court’s ruling in their favor, the Iranis did not receive any monetary relief, as they only provided oral testimony regarding their claims of “mental pain and agony.”
This is not the first time Burger King has faced trademark issues abroad. In Australia, for example, the company operates under the name “Hungry Jack’s” due to an existing claim on the “Burger King” name.