In a surprising verdict, a Pune district court has dismissed a 13-year-old lawsuit filed by the American fast-food chain Burger King Corporation against a locally-owned eatery with the same name. The US company had accused the Pune-based Burger King of trademark infringement and sought a permanent injunction, damages, and a halt to the use of the name. The court dismissed the lawsuit filed by the Burger King Corporation in 2011, seeking a permanent injunction restraining infringement of trademark.
However, the court ruled in favor of the local eatery, stating that it had been operating under the name “Burger King” since 1991-92, well before the US chain entered the Indian market.The plaintiff’s first Indian BURGER KING restaurant was opened in New Delhi on November 9, 2014, the court said.
The court found no evidence to support Burger King Corporation’s claim that customers were confused or misled by the local eatery’s use of the name. Additionally, the company failed to prove any actual financial loss due to the alleged infringement. The court said the Burger King Corporation has “miserably failed” to prove that the eatery here had infringed its trademark Burger King while running the restaurant in Pune.
Burger King filed the lawsuit against Anahita Irani and Shapoor Irani. The Iranis opposed the suit, saying it was filed with malafide intentions and to discourage business people who are bonafide users and retailers. They said that apart from the name Burger King, there was absolutely no similarity in the plaintiff’s trademark and their own shop name.
This decision may have implications for trademark disputes involving established local businesses and multinational corporations.
Court says no to monetary damages to Pune eatery
The Pune-based restaurant owners had counterclaimed for damages due to the harassment they endured during the lengthy legal battle. They sought Rs 20 lakh as damages. The court, however, refused any monetary relief to them too, noting that apart from oral evidence, no other proof was submitted to substantiate their claims.
However, the court ruled in favor of the local eatery, stating that it had been operating under the name “Burger King” since 1991-92, well before the US chain entered the Indian market.The plaintiff’s first Indian BURGER KING restaurant was opened in New Delhi on November 9, 2014, the court said.
The court found no evidence to support Burger King Corporation’s claim that customers were confused or misled by the local eatery’s use of the name. Additionally, the company failed to prove any actual financial loss due to the alleged infringement. The court said the Burger King Corporation has “miserably failed” to prove that the eatery here had infringed its trademark Burger King while running the restaurant in Pune.
Burger King filed the lawsuit against Anahita Irani and Shapoor Irani. The Iranis opposed the suit, saying it was filed with malafide intentions and to discourage business people who are bonafide users and retailers. They said that apart from the name Burger King, there was absolutely no similarity in the plaintiff’s trademark and their own shop name.
This decision may have implications for trademark disputes involving established local businesses and multinational corporations.
Court says no to monetary damages to Pune eatery
The Pune-based restaurant owners had counterclaimed for damages due to the harassment they endured during the lengthy legal battle. They sought Rs 20 lakh as damages. The court, however, refused any monetary relief to them too, noting that apart from oral evidence, no other proof was submitted to substantiate their claims.
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