The Bombay High Court has granted interim relief to Burger King, restraining a Pune eatery from using the ‘Burger King’ name until 6 September 2024. This decision overturns a previous ruling by a Pune court. The Pune eatery, which has been using the name since 1992, faced a lawsuit from Burger King Corporation, filed in 2011, arguing that the name’s use caused significant damage to their brand.
Despite the Pune court initially ruling in favour of the eatery, Burger King appealed to the Bombay High Court. A division bench, led by Justices A S Chandurkar and Rajesh Patil, extended an earlier ad-interim order from 2012 that temporarily barred the eatery from using the name.
Burger King’s lawyer, Hiren Kamod, contended that the Pune court’s decision was flawed, pointing out the fast-food giant’s extensive operations in India, including six outlets in Pune. Kamod stressed the potential harm to Burger King’s business and goodwill if the eatery continued using the name.
On the other side, Abhijit Sarwate, representing the eatery’s owners, Anahita and Shapoor Irani, argued that the local business had built its reputation over decades and accused Burger King of attempting to capitalise on their established goodwill. Sarwate also mentioned that the eatery had recently resumed using the ‘Burger King’ name online.
While the court initially intended to set a final hearing next month, it opted to expedite the process due to the long-standing nature of the dispute and the urgency expressed by the eatery’s lawyer.
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