India
Local Fast Food Joint Wins Trademark Case Against Burger King in Pune. In a landmark decision, a Pune court has ruled in favor of a local fast food joint in a trademark dispute with the U.S.-based Burger King Corporation. The legal battle, which spanned over a decade, centered around the use of the name “Burger King” by a Pune-based restaurant, long before the American company registered its trademark in India.
The dispute began when the global fast-food giant, which operates over 13,000 outlets worldwide, entered the Indian market in 2014. Upon discovering that a local establishment had been using the “Burger King” name since 1992, the corporation filed a lawsuit, arguing that the restaurant’s use of the name was causing irreparable harm to its brand.
Judge Sunil Vedpathak, however, dismissed the claims of the U.S. corporation, highlighting that the Pune restaurant had established its brand identity well before the international chain entered the Indian market. The court recognized that the local Burger King had been serving its customers under the contested name for nearly three decades, making its use both legitimate and authentic.
“The plaintiff, Burger King Corporation, began operating under this trademark in India only in 2014, whereas the defendants have been using the name since 1992. The long-standing use by the defendants makes their claim to the name valid,” the court observed.
Despite the U.S. company’s request for a permanent injunction to stop the Pune restaurant from using the “Burger King” name, the court found no grounds for such action. The court noted that the international chain had not operated under the name in India for nearly 30 years, while the Pune establishment had continuously conducted business under the brand without interruption.
The Pune restaurant, in turn, sought ₹20 lakh in compensation for the distress and harassment caused by the legal proceedings. However, the court denied this claim, citing a lack of sufficient evidence to support the demand for monetary relief.
Advocates AD Sarwate, Srushti Angane, and Rahul Pardeshi represented the Pune restaurant, while Advocate SP Pathak appeared on behalf of the U.S. corporation. The ruling marks a significant victory for local businesses defending their right to retain long-standing brand identities, even in the face of multinational challenges.
