Burger King VS Burger King
American fast food chain Burger King has lost a 13-year legal battle against an Indian restaurant in Pune with the same name.
The court’s decision, delivered by District Judge Sunil Vedpathak, marks the end to the US-based company’s efforts to stop the Pune-based restaurant from using the name ‘Burger King’.
The strenuous legal battle began in 2011 when Burger King Corporation, a US-based company with over 13,000 outlets across the globe, filed a lawsuit against Anahita and Shapoor Irani, the owners of Pune’s Burger King.
The multi-national corporation sought a permanent injunction to prevent the Iranis from using the ‘Burger King’ name, claiming that it was a violation of their trademark. Additionally, they demanded Rs 20 lakh in damages, claiming that the use of the name by the Pune restaurant was causing irreversible harm to their brand.
However, the Iranis’ counterargument was that they had been using the name since 1992, over a decade before the American giant arrived in India. Furthermore, their logos were different and that prevented anyone from confusing the Pune restaurant for the global chain.
As the case dragged on, however, the Iranis changed the name of their local restaurant to ‘Burger’. They also made a counter claim against the fast food giant and sought Rs 2m (£18,377) in damages on the grounds that the lawsuit hurt their business, which was denied by the court on the basis of lacking evidence.
On 16th August, after a lengthy battle, the court ruled in favor of the Iranis and supported their argument. Judge Vedpathak highlighted that the American-based Burger King’s arguments were weak and did not prove that customers were confused or misled by the local Pune restaurant’s choice of name.
The judge said, “Defendants have been using the trade name for their restaurant since about 1992. The pleadings put forth by the plaintiff are totally silent about how customers have been confused due to use of the trademark Burger King by defendants for their restaurant.”
