A permanent injunction prohibiting trademark infringement, passing off, damages or account surrender, delivery, and other matters was sought in the action.
After a protracted battle spanning thirteen years, a commercial court in Pune has rendered a significant ruling in favor of the well-known Burger King located in Camp. In an order dated August 16, District Judge Sunil Vedpathak dismissed the petition that the US-based global fast-food giant Burger King Corporation had filed against the local establishment. A permanent injunction prohibiting trademark infringement, passing off, damages, or account surrender, delivery, and other matters was requested in the action.
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Pune Burger King Legal Corporation, represented by Pankaj Pahuja, filed the lawsuit against Anahita and Shapoor Irani, the owners of M/s Burger King, which runs its well-known restaurant in the Camp and Koregaon Park districts. The multinational had requested a permanent prohibition on using the name as well as damages. Burger King of Pune was represented in the case by the pair of advocates Abhijit Sarwate and Srushti Angane, with assistance from advocate Rahul Pardeshi.
In his ruling, Judge Vedpathak noted that Pune’s Burger King had been using the business name and trademark since 1992-1993, long before the American corporation registered its trademark in India. The judge emphasized that the US company had not used the trademark in India for nearly 30 years, during which time Pune’s Burger King consistently provided services under the name, making their use of the trademark legal and honest.
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Burger King Corporation founded in 1954 by James McLamore and David Edgerton ran a restaurant under the name BURGER KING which currently manages and operates a worldwide chain of 13,000 fast food restaurants in more than 100 countries and US territories worldwide.
Almost 97% of its restaurants are owned and operated by independent franchisees. The multinational company is presently the second-largest fast-food hamburger company in the world employing 30,300 people. The first BURGER KING franchised restaurant in Asia was opened in 1982 and there are currently over 1,200 units in Asia. The company entered the Indian market in 2014 opening outlets in New Delhi, Mumbai, and Pune, and discovered that a restaurant was already operating under the same name since 2008.
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The global giant in its petition stated that the cause for filing a present lawsuit arose in 2008 when the US-based firm came to know about the existence of the trademark application of Pune’s Burger King under no.1209146 for BURGER KING. The foreign firm also found that the Iranis are also operating a restaurant under the name Burger King in Pune and sent them a cease and desist letter/notice. The Iranis’s agent in reply on July 3, 2009, insisted on using the name Burger King for its restaurant.
The Pune-based Burger King’s refusal to agree to the demands of the US firm led to a prolonged court battle spanned over a decade.
“The ruling acknowledges Burger King Pune as the honest and prior user of the name, securing a landmark victory after a legal battle. The name is well known in Pune,” the lawyers representing Pune’s Burger King stated.
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