SC stays Bombay HC order, allows Pune eatery to use 'Burger King'

The Supreme Court has stayed a Bombay High Court order restraining a Pune eatery from using trademark "Burger King" until the infringement plea by the US food giant was heard and decided.

A bench of Justices B V Nagarathna and Satish Chandra Sharma issued notice to Burger King Corporation on the appeal against the high court order.

"The impugned order is stayed until further orders. However, the pendency of this special leave petition would not come in the way of the high court disposing of the appeal filed by the respondent herein as expeditiously as possible. We say so having regard to the fact that the respondent herein has been unsuccessful in the suit filed by it as the suit has been dismissed," the bench said on March 7.

The Bombay High Court on December 2, 2024 restrained the Pune-based food business from using the name.

The company in August, 2024, 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 eatery.

Burger King Corporation also filed an application and sought from the high court an interim injunction against the Pune eatery owners -- Anahita Irani and Shapoor Irani -- from using the brand's name pending hearing and final disposal of its appeal.

The HC in August extended the ad-interim stay granted by the Pune court in January 2012 and begun hearing the company's plea for the interim injunction against the Pune-based eatery.

The high court its order on the interim application said the appeal filed by the company needed to be heard aside from examining the entire evidence.

The international fast-food chain has argued the use of its name caused a huge loss and damage to the brand name and harmed its goodwill, business and reputation.

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