Mumbai: The Bombay High Court on Monday stayed a Pune Court order dismissing a trademark infringement suit filed by US-based burger giant, Burger King Corporation (BKC), against a local burger joint using the same name — Burger King.
The court admitted the appeal filed by BKC and restrained the local joint from infringing the US giant’s trademark pending the hearing and final disposal of the appeal.
“The Division Bench will be the last fact-finding court and the entire evidence will be looked into. Therefore, interim relief granted by the court requires to be continued,” a bench of Justices AS Chandurkar and Rajesh Patil said.
The bench has asked both the parties to preserve its business records for the past ten years. The HC, on August 26, had granted interim stay on the trial court order.
The BKC filed an appeal seeking restrain in Pune eatery from using its name “Burger King” contending it was causing a huge loss, damage and harm to its goodwill and business and reputation.
In July, a Pune court dismissed the suit filed by BKC in 2011, noting that the city-based eatery “was operating since 1992 which was even before the US burger joint opened shop in India. The trial court noted that the Pune restaurant had been operating since the early 1990s, while the US corporation only registered its trademark for restaurant services in India in 2006. The trial court concluded that the Pune restaurant was a prior and honest user of the Burger King name, while dismissing the US company’s suit.
BKC challenged this ruling before the HC arguing that its trademark had been registered in India since 1979, despite its late entry into India. Pune eatery claimed that they have been using the name since 1992 before the US fast food giant started its operations in India.
