Bombay HC temporarily restrains 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' until a trademark infringement plea by the US giant Burger King Corporation is heard and disposed of.

The company in August filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging trademark infringement against the namesake eatery.

The Burger King Corporation had also filed an application in the HC, seeking an interim injunction against the Pune eatery owners -Anahita Irani and Shapoor Irani - from using the name 'Burger King' pending hearing and final disposal of its appeal.

The HC in August extended the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name 'Burger King'.

The HC had then started hearing the company's interim application seeking interim injunction against the Pune-based eatery pending final hearing of its appeal.

A division bench of Justices A S Chandurkar and Rajesh Patil on Monday, while passing its order on the interim application, said the appeal filed by the company needs to be heard and the entire evidence needs to be looked into.

"Until then the interim order (restraining the Pune-based eatery from using the name Burger King) is required to be continued," the HC said.

The bench expedited hearing into the appeal and also directed both the appellant (Burger King) and the defendant (Pune-based eatery) to maintain their financial transaction records and tax documents of the last 10 years until disposal of the appeal.

The fast-food company in its suit sought an injunction against the Pune-based eatery from using the name 'Burger King' as it was causing a huge loss and damage to the company and harming its goodwill, business and reputation.

The Pune court had dismissed the 2011 suit filed by the Burger King Corporation, noting the city-based eatery 'Burger King' was operating since 1992 which was even before the US burger giant opened shop in India.

The company's counsel, Hiren Kamod, had submitted to the HC that the Pune court erred in holding that the eatery was using the name 'Burger King' in India much before the US company opened its first fast food joint here.

"The plaintiff company presently has over 400 Burger King joints in India of which six are in Pune," Kamod said.