Trademark suit: HC temporarily restrains Pune eatery from using the name 'Burger King'

Mumbai:  In an interim relief to US giant Burger King in a trademark infringement suit, the Bombay High Court on Monday restrained a Pune-based eatery from using the brand name till September 6.

The company moved the high court last week, challenging an order passed by a Pune court dismissing its suit alleging trademark infringement against a namesake eatery in Pune.

A division bench of Justices A S Chandurkar and Rajesh Patil on Monday said that it would first hear the company's application seeking interim injunction against the eatery on September 6.

Until then, the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name "Burger King" shall be extended, the high court said.

The fast-food company, in its suit, sought an injunction against the eatery from using the name "Burger King,” as it was causing the company huge loss, damage and harm to its goodwill, business and reputation.

A Pune court had dismissed the 2011 suit filed by Burger King Corporation, noting that the city-based eatery had been operating since 1992, which was even before the US burger joint opened shop in India.

Burger King Corporation also filed an application in the high court seeking an interim injunction against the eatery owners from using the name pending the hearing and final disposal of its appeal.

The company's advocate, Hiren Kamod, on Monday submitted to the court that until their plea or application seeking an interim injunction is heard, the ad-interim order passed in 2012 by the Pune court shall be extended.

Advocate Abhijit Sarwate, appearing for the eatery owners, Anahita Irani and Shapoor Irani, submitted to the court that they have started using the name 'Burger King' online since two days.

"The eatery owned by the defendants (Iranis) is famous in Pune since the 1990s. In fact, the plaintiff company is usurping our goodwill in Pune. Why is a giant company like the plaintiff (Burger King Corporation) fearing us?" Sarwate argued.

Kamod submitted to the high court that the Pune court had erred in holding that the eatery was using the name 'Burger King' in India much before the US company opened its first fast food joint here.

"The plaintiff company presently has over 400 Burger King joints in India, of which six are in Pune," Kamod said.

The bench initially said it would hear the appeal for the final hearing next month, but Sarwate said the Iranis have suffered for over a decade due to the ad-interim order and hence sought an urgent hearing.

The bench then agreed to hear the company's interim application first.