American fast food giant Burger King has lost a 13-year-long legal battle against an Indian restaurant sharing the same name.
Court Dismisses Trademark Infringement Suit
An Indian court has dismissed the trademark infringement suit filed by Burger King Corporation against a Pune-based restaurant also named Burger King. The court noted that the Pune restaurant, owned by Parsi couple Anahita Irani and Shapoor Irani, had been operating since 1992, well before the American chain began its operations in India.
Background of the Dispute
Burger King Corporation, originally founded as Insta-Burger King in 1953 and rebranded as Burger King in 1959, entered the Indian market in November 2014, with its first outlet opening in Delhi. The company expanded to Pune the following year.
The dispute began when Burger King Corporation sent a cease and desist notice to the Iranis in 2009, demanding they stop using the name Burger King. The Iranis argued that since no Burger King restaurants existed in India at that time, the corporation had no common law rights over the name.
Legal Battle and Outcome
In 2011, Burger King Corporation filed a lawsuit claiming the Pune restaurant’s use of the name violated its trademark and sought damages. The Iranis countered by pointing out that their restaurant’s logo was distinct and not likely to confuse customers with the global chain.
As the case continued, the Iranis rebranded their restaurant to simply “Burger.” They also filed a counterclaim seeking Rs 2 million in damages, arguing that the lawsuit had negatively impacted their business. However, the court dismissed this claim due to a lack of evidence.
Court’s Ruling
The court ruled that Burger King Corporation had “miserably failed” to prove trademark infringement. As a result, the Pune restaurant was allowed to continue using the name. District Judge Sunil Vedpathak concluded that Burger King Corporation was not entitled to damages or other reliefs due to insufficient evidence.
