U.S.-based Burger King Corporation moves the Bombay High Court against Pune-based joint in trademark infringement suit 

Burger King Corporation challenges Pune burger joint's use of brand name in Bombay High Court, seeking protection.

The U.S.-based food giant, Burger King Corporation has moved the Bombay High Court on Monday (August 26, 2024), challenging a Pune’s trial-court order that allowed a Pune-based burger joint to use the brand name, ‘Burger King’ earlier this month. The global fast-food company has approached the High Court to protect its iconic brand name.

The judgement was pronounced by Pune district judge Sunil Gangadharrao Vedpathak, on July 22, 2024 and was uploaded on July 23, 2024. The district judge has dismissed the lawsuit that was filed on February 18, 2011.

The U.S.-based Burger King, in its appeal against the trial court’s order, contended at the Bombay High Court that since January 28, 2012, an injunction order was operating and that the Pune-based eatery was only using ‘Burger’ as their brand name and not the ‘Burger King’. “In this lawsuit, there has been an injunction operating since January 28, 2012. They have now started using ‘King’ too and this is against the very court’s injunction that has been operating for the last 12-years,” advocate Hiren Kamod argued before the Division Bench of Justices Atul Chandurkar and Rajesh Patil.

The Bench then sought a copy of the injunction and trial court’s order that permitted the Pune-based eatery to use the word ‘Burger King’ last month but the appellants required some time to produce the copy of the impugned order.

“We do not have the interim order but we will show you [the Bench] the final judgement. For some reason, there are some factual errors made by the trial court,” Mr. Kamod said.

To allow the appellant’s to produce the original injunction order, matter is scheduled to be heard again at 2.30pm on Monday.

Burger King is a company incorporated under the laws of the State of Florida having its principal place of business at 5505, Blue Lagoon Drive, Miami, Florida 33126, United States of America.