Bombay HC Passes Interim Order Restricting Pune Eatery From Using 'Burger King' Name

The Bombay High Court on Monday, in an interim order, restrained a Pune-based eatery from using the name "Burger King" till September 6 while hearing a plea by US-based burger giant Burger King Corporation (BKC) alleging trademark infringement.

The company had filed an appeal in the HC last week challenging an order passed by a Pune court dismissing its suit alleging trademark infringement against a namesake Pune-based eatery. Pending hearing in appeal, BKC had filed an interim application seeking an interim stay on the Pune court’s order.

A bench of Justices AS Chandurkar and Rajesh Patil said it would first hear the company's interim application against the Pune-based eatery on September 6. Till then, the ad-interim order granted by Pune court in January 2012 restraining the Pune eatery from using the name "Burger King" shall be extended, the bench said.

The BKC sought to restrain Pune eatery from using its name “Burger King” contending it was causing a huge loss, damage and harm to its goodwill and business and reputation.

On August 16, a Pune court dismissed the suit filed by BKC in 2011, noting that the city-based eatery “was operating since 1992" which was even before the US burger joint opened shop in India.

BKC’s advocate Hiren Kamod submitted that injunction be granted in their favour since they were given interim relief by the Pune court too till the matter was decided.

Advocate Abhijit Sarwate, appearing for the owners of the Pune-based eatery — Anahita Irani and Shapoor Irani — contended that they have started using the name “Burger King” since last two days after the Pune court’s order. “The eatery owned by the defendants (Iranis) is famous in Pune since the 1990s. In fact, the plaintiff company is usurping our goodwill in Pune," Sarwate argued.

Kamod, however, said that since the suit was filed in 2011, it has been using the name “Burger” and should continue till high court’s decision. He submitted that the Pune court erred in holding that the Pune-based eatery was using the name "Burger King" in India much before the US company opened its first fast food joint here.

Kamod asserted that BKC has over 400 outlets in India of which six are in Pune.

Initially, the bench said it will take up the appeal for a final hearing next month, to which Sarwate said that the Iranis have suffered for over a decade due to the ad-interim order and sought an urgent hearing.

The bench then decided to hear the company's interim application first.