HBI Staff | Hyderabad 
In a significant judgment, a commercial court in Pune has ruled in favor of the locally renowned Burger King in Camp after a 13-year-long legal battle. District Judge Sunil Vedpathak, in his order dated August 16, dismissed the petition filed by the US-based Burger King Corporation against the Pune establishment. The lawsuit sought a permanent injunction to prevent trademark infringement, passing off, damages, and other related claims.
The case, initiated by Burger King Corporation, represented by Pankaj Pahuja, was filed against Anahita and Shapoor Irani, owners of M/s Burger King, which operates its well-known eateries in Camp and Koregaon Park. The multinational corporation sought damages and a permanent ban on the use of the “Burger King” name by the Pune-based business. Advocate Abhijit Sarwate, assisted by advocates Srushti Angane and Rahul Pardeshi, represented Pune’s Burger King in the proceedings.
In his ruling, Judge Vedpathak highlighted that Pune’s Burger King had been using the business name and trademark since 1992-1993, well before the American corporation registered its trademark in India. The judge underscored that the US company had not used the trademark in India for nearly 30 years, during which time Pune’s Burger King consistently operated under the name, establishing their use of the trademark as legal and honest.
Burger King Corporation, founded in 1954 by James McLamore and David Edgerton, operates a global chain of over 13,000 fast food restaurants in more than 100 countries. Nearly 97% of these restaurants are owned and operated by independent franchisees, making the company the second-largest fast-food hamburger chain worldwide, employing 30,300 people. The first Burger King restaurant in Asia opened in 1982, and there are now over 1,200 units across the continent. The company entered the Indian market in 2014, opening outlets in cities like New Delhi, Mumbai, and Pune, only to discover that a local restaurant had been operating under the same name since 2008.
The global giant claimed in its petition that it became aware of Pune’s Burger King’s trademark application in 2008, filed under number 1209146 for “Burger King.” Upon discovering that the Iranis were operating a restaurant under the same name in Pune, the US firm issued a cease-and-desist notice. In response, the Iranis’ agent, on July 3, 2009, insisted on continuing to use the name for their restaurant.
Pune’s Burger King’s refusal to comply with the US firm’s demands led to a protracted legal battle lasting over a decade. “The ruling recognizes Burger King Pune as the honest and prior user of the name, marking a landmark victory after years of litigation. The name is well-established in Pune,” stated the legal team representing Pune’s Burger King.
