Pune eatery challenges HC order barring use of ‘Burger King’ name
The dispute for branding between the Pune-based eatery and the US-based fast food chain, founded in 1954, began in a Pune court in 2012
In a fresh round of litigation over use of the “Burger King” trademark, Pune’s iconic eatery has decided to take on its namesake US-based international fast-food chain head on. The Pune eatery’s appeal against a Bombay High Court order restraining it from using the “Burger King” trademark was admitted earlier this week.
“We have been using the name Burger King for decades, and now all of a sudden this trademark dispute has arisen,” Hiren Kamod, appearing on behalf of the Pune eatery, told the division bench comprising Chief Justice Alok Aradhe and Justice Makarand Karnik on Thursday.
The dispute for branding between the Pune-based eatery and the US-based fast food chain, founded in 1954, began in a Pune court in 2012. In July 2024, the court ruled in favour of the local joint, saying while it had been using the “Burger King” trademark since 1992, the multinational food chain began operations in India only in 2014. Though registered trademark owners have exclusive right over the trademark, any entity that started using the trademark prior to the registered owner had the right to use the trademark, the court ruled.
The multinational food chain challenged the order in the high court. In December 2024, the court stayed the ruling, saying the food chain’s registration of the “Burger King” trademark predated the Pune-based eatery’s use of the name.
The Pune eatery then sought a stay on the order from the Supreme Court. The Supreme Court allowed the Pune joint to use the branding till its appeal was decided by the high court, and directed an expeditious hearing in the matter.
