Supreme Court Stays Bombay High Court Order, Allows Pune Eatery To Use Trademark 'Burger King'

Supreme Court Stays Bombay High Court Order, Allows Pune Eatery To Use Trademark 'Burger King'

Earlier, a Pune court observed that the city-based eatery had been operating since 1992, even before the US giant opened shop in India

The Supreme Court has stayed the order of the Bombay High Court, restraining a Pune eatery from using the trademark ‘Burger King’ until the infringement plea by the US food giant, Burger King Corporation was decided.

A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma had issued a notice to Burger Corp on the appeal.

The court held, "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. This is because the respondent has been unsuccessful in the suit filed by it as the suit has been dismissed.”

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

In August, the company appealed before the high court, challenging the order of a Pune court. It had alleged trademark infringement against the eatery.

Burger Corp also appealed before the high court seeking interim injunction against the eatery owners Anahita Irani and Shapoor Irani from using the brand's name pending hearing and disposal of its appeal.

The high court extended the ad-interim stay granted by the Pune court in January 2012. It stated that the company’s appeal needed to be heard aside from examining the evidence.

However, the international fast-food chain argued that using its name caused a huge loss and damage to the brand and harmed its goodwill, business and reputation.

In 2011, the Pune court dismissed the suit filed by Burger Corp. It observed that the city-based eatery ‘Burger King’ was operating since 1992, which was even before the US giant opened shop in India.