This trademark case between Pune based restaurant and Burger King has been going on since 2011.
The Bombay High Court on Monday, in an interim order, stopped a Pune restaurant from using the name 'Burger King'. This order will remain in force until the hearing on the trademark infringement petition of US-based firm Burger King is completed.
Justice A.S. The bench of Chandurkar and Rajesh Patil said that it is necessary to hear the appeal of Burger King Corporation. The court ordered both the parties (Burger King and the restaurant) to prepare to present the transaction records and tax documents of the last 10 years till the disposal of the appeal.
The case of the Pune restaurant regarding the trademark of Burger King first reached the court in 2011. A restaurant in Pune had used the name Burger King, which the company challenged in the court, saying it was a violation of its trademark.
The company had filed a petition in August
The company had filed an appeal in the High Court in August this year, challenging the order of a Pune court. This month, the Pune court had dismissed the case against the restaurant alleging trademark infringement.
Burger King Corporation had filed a petition in the High Court and appealed to Pune's restaurant owners – Anahita Irani and Shapoor Irani not to use the name 'Burger King' till the court's decision.
The hearing of the case started in August
In August, the High Court started hearing the appeal filed by the company. Then the High Court had extended the 2012 interim order of the Pune Court in which the restaurant was banned from using the name 'Burger King'.
The fast-food company said in the appeal that due to the similar name (Burger King) of this restaurant in Pune, its name and reputation along with its revenue is being harmed.
Burger King's petition was rejected in 2011
Earlier in 2011, the Pune court had rejected the petition filed by Burger King. Then the court had said that this store in Pune has been operating since 1992. Whereas after 22 years, the American company started its first store in India.
Burger King's lawyer questioned the court's decision
Burger King's lawyer Hiren Kamod had raised questions on this decision of the Pune court and said that Burger King has more than 400 restaurants in India, of which there are 6 stores in Pune alone.
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related to trademark case…
Court's decision on copyright and trademark violation in Indore: Fake product was being made in the name of food product company, court gave instructions for action.
Patiala Court of Delhi had issued an order and directed to take action on copyright and trademark infringement of a food product of Indore city by another company. According to the information, in the case of copyright and trademark violation of sweets manufactured by Rajshahi Food Products, Indore, Delhi High Court had issued instructions to take strict legal action against the manufacturers of counterfeit goods. Read the full news…
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