Pune Burger King Wins Trademark Battle

A commercial court in Pune has made a big decision favoring a local restaurant in a lengthy trademark dispute. The case revolves around the use of the ‘Burger King‘ trademark by a restaurant in Pune, which has been a hot topic for the last 13 years.

On August 16, District Judge Sunil Vedpathak ruled in favor of the Pune establishment, dismissing a petition by Burger King Corporation. The American fast-food giant had been seeking a permanent ban against the local Burger King, claiming trademark infringement and demanding damages.

The owners of the Pune Burger King, Anahita and Shapoor Irani, can breathe a sigh of relief. In his ruling, Judge Vedpathak pointed out that the Pune-based restaurant had been using the ‘Burger King’ name and trademark long before the American corporation registered it in India back in 1989.

Moreover, the judge noted that the US company had not operated in India for nearly 30 years, while Pune’s Burger King continued to serve its community under that name. This lengthy use legitimized the restaurant’s claim to the trademark.

This legal battle began in 2008 when Burger King Corporation discovered the Pune restaurant’s trademark application. After getting a cease-and-desist letter, the Iranis insisted on keeping the name, setting off years of court proceedings.

This isn’t the first time Burger King has faced a trademark issue in India. In December 2023, a Delhi court recognized ‘Burger King’ as a famous trademark, rejecting a claim from an entity that operated under the name ‘Burger King Family Restaurant’.