Burger King Loses Legal Case to Indian Restaurant
- Pune court rules in favor of Indian restaurant in a 13-year legal battle against Burger King.
- Indian restaurant had been using the name before the American chain started business in the country.
- This ruling marks a victory for the Indian restaurant over the global fast food giant.
In a significant legal setback, American fast food giant Burger King Corporation has lost a 13-year trademark dispute against a Pune-based restaurant sharing its name. An Indian court dismissed the corporation's claims of trademark infringement, highlighting that the Pune establishment had been operating under the name Burger King since 1992, well before the multinational entered the Indian market. The legal tussle began in 2009 when Burger King Corporation issued a cease and desist notice to Anahita and Shapoor Irani, the owners of the Pune restaurant. The couple argued that the American chain could not assert common law rights in India, as there were no Burger King outlets in the country at that time. In 2011, the corporation escalated the matter by filing a lawsuit, seeking damages and claiming that the Pune restaurant's name violated its trademark. Throughout the proceedings, the Iranis maintained that their restaurant's branding was distinct enough to avoid confusion with the global chain. They eventually rebranded their establishment to simply "Burger" but also counterclaimed for damages, alleging that the lawsuit had adversely affected their business. However, the court dismissed their claim due to a lack of evidence supporting their damages. Ultimately, the court ruled that Burger King Corporation had "miserably failed" to demonstrate any trademark infringement, allowing the Pune restaurant to continue using its name without any restrictions.