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District Judge Sunil Vethpathak had previously ruled that Burger King failed to prove trademark infringement in its suit against a local joint in Pune
The Bombay High Court on Monday restrained a local joint in Pune from using the name "Burger King" in a trademark infringement suit filed by the US giant, Burger King.
A division bench comprising Justice AS Chandurkar and Justice Rajesh Patil issued the order, staying the trial court's previous decision that had dismissed Burger King's suit.
The high court stated that the interim stay would remain in effect until the next hearing date.
District Judge Sunil Vethpathak had previously ruled that Burger King failed to prove trademark infringement in its suit against a local joint in Pune.
The judge noted that the local joint had been operating under the name "Burger King" since 1991-1992, well before the US-based Burger King established its business in India in 2014.
Burger King had approached the court in 2011, seeking a permanent mandatory injunction to prevent the local joint from using the name "Burger King" and also demanded ₹20 lakhs in damages.
However, the trial court found that Burger King failed to substantiate its claims, and since there was no evidence of trademark infringement, the court declined to award any damages
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