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Synopsis

The Bombay High Court on Monday passed an interim order restraining a Pune local joint from using the name ‘Burger King.’ The order was passed by the high court in an appeal filed by Burger King in a trademark infringement suit.

A division bench of the high court comprising Justice AS Chandurkar and Justice Rajesh Patil passed the order, extending the ad-interim relief earlier granted to the U.S. food giant Burger King.

The bench, while expediting the appeal, directed that the local joint should not use the name pending the appeal before the high court.

The high court also directed Burger King and the Pune local joint to maintain their financial transaction records and tax documents of the last 10 years until the disposal of the appeal.

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