HC issues order preventing Pune eatery from using 'Burger King' name

Bombay High Court on Monday prohibited a Pune-based restaurant from using the brand name 'Burger King' until September 6 offering a temporary relief to the US-based Burger King in a trademark infringement case.

Last week, the company approached the high court to challenge a ruling by a Pune court that had dismissed its lawsuit alleging trademark infringement by a similarly named eatery in Pune.

A division bench of Justices A S Chandurkar and Rajesh Patil stated that they would first address the company's request for an interim injunction against the restaurant on September 6.

Until then, the ad-interim order issued by the Pune court in January 2012, which prevents the eatery from using the name "Burger King," will be extended, the high court ordered.

In its lawsuit, the fast-food chain sought an injunction to stop the eatery from using the name "Burger King," claiming it was causing significant financial loss and damaging the company’s reputation, business, and goodwill.

A Pune court had previously dismissed the 2011 lawsuit filed by Burger King Corporation, noting that the city-based restaurant had been in operation since 1992, which was before the US fast-food chain entered the Indian market.

Burger King Corporation also submitted an application to the high court requesting an interim injunction against the restaurant owners from using the name while awaiting the hearing and final decision of its appeal.

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