Pune’s Burger King wins 13-year-old case against global giant

PTC News Desk: After 13 years of a lawsuit, a Pune commercial court ruled in favour of Pune's famed Burger King in Camp. 

In an order dated August 16, District Judge Sunil Vedpathak dismissed the case filed against the local establishment by global fast-food behemoth Burger King Corporation, based in the United States. The case sought a permanent injunction to prevent trademark infringement, passing off, damages/rendition of accounts, delivery, and other matters.

Burger King Corporation, represented by Pankaj Pahuja, filed the claim against Anahita and Shapoor Irani, the owners of M/s Burger King, which operates its famed restaurants in the Camp and Koregaon Park areas. The multinational claimed damages as well as a permanent ban on using the name. Advocate Abhijit Sarwate, along with attorneys Srushti Angane and Rahul Pardeshi, represented Pune's Burger King in the lawsuit.

In his decision, Judge Vedpathak stated that Pune's Burger King had used the business name and trademark from 1992-1993, long before the American corporation registered its trademark in India. The judge highlighted that the US corporation had not utilised the trademark in India for about 30 years, during which time Pune's Burger King regularly offered services under the brand, demonstrating that their use of the term was legal and honest.

Burger King Corporation, founded in 1954 by James McLamore and David Edgerton, ran a restaurant named BURGER KING and now maintains and operates a global chain of 13,000 fast food restaurants in over 100 countries and US territories.

The company entered the Indian market in 2014, launching branches in New Delhi, Mumbai, and Pune, and discovered that a restaurant had been operating under the same name since 2008.