Supreme Court Allows Pune Eatery To Temporarily Use ‘Burger King’ Name
Supreme Court Allows Pune Eatery To Temporarily Use ‘Burger King’ Name
New Delhi: The Supreme Court has stayed a Bombay High Court order that had barred a Pune-based restaurant from using the name ‘Burger King’, allowing the local eatery to continue operating under the name until the case is resolved.
The legal battle involves US-based Burger King Corporation, which entered India in 2014, and a Pune restaurant that has been using the name since 2008. The US fast-food giant filed a trademark infringement suit, arguing that the local eatery’s use of the name harmed its brand reputation.
A Pune court had ruled in favor of the local restaurant in July 2024, citing its prior and honest use of the name since the early 1990s. However, Burger King Corporation challenged the ruling in the Bombay High Court, which later stayed the Pune court’s decision.
Representing the Pune eatery, Senior Advocates Dr. Abhishek Manu Singhvi and K. Parameshwar argued that the local business had been using the name long before Burger King entered the Indian market. The Supreme Court, considering the disproportionate impact on the smaller business, allowed the Pune eatery to continue using the name until the Bombay High Court reaches a final decision.
