The Bombay High Court on Monday, in an interim order, restrained a restaurant in Pune from using the name 'Burger King'. The order will remain in effect until the hearing on US-based firm Burger King's trademark infringement petition is completed.
Justice A.S. A bench of Chandurkar and Rajesh Patil said that it is necessary to hear the appeal of Burger King Corporation. The court ordered both parties (Burger King and the restaurant) to prepare to produce transaction records and tax documents of the last 10 years pending disposal of the appeal.
The Pune restaurant's case over Burger King's trademark first reached court in 2011. A restaurant in Pune used the name Burger King, which the company challenged in court, saying it was an infringement of its trademark.
The company filed the application in August
Challenging the order of the Pune court, the company filed an appeal in the High Court in August this year. This month, a Pune court dismissed a case against the restaurant alleging trademark infringement.
Burger King Corporation had filed a petition in the High Court and appealed to the Pune restaurant owners – Anahita Irani and Shapoor Irani – not to use the name 'Burger King' pending the court's decision.
The trial of the case began in August
In August, the High Court started hearing the appeal filed by the company. The High Court then extended the Pune court's 2012 interim order barring the restaurant from using the name 'Burger King'.
The fast-food company, in the appeal, said that the same name (Burger King) of this restaurant in Pune is causing damage to its revenue as well as its name and reputation.
Burger King's application was rejected in 2011
Earlier in 2011, the Pune court had dismissed the petition filed by Burger King. Then the court said that this store has been running since 1992 in Pune. After 22 years, the American company opened its first store in India.
Burger King's lawyer questioned the court's decision
Burger King's lawyer Hiren Kamod questioned the decision of the Pune court and said that Burger King has more than 400 restaurants in India, out of which there are 6 stores in Pune alone.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
