Pune’s Burger King Wins 13-Year Old Trademark Battle Against Global QSR Chain

Global fast food chain Burger King has lost a 13-year legal battle against a namesake eatery in Pune, with a commercial court in the district dismissing the company’s trademark infringement lawsuit.

In an August 16 order, District judge Sunil Vedpathak, said the city-based ‘Burger King’ eatery was operational before the global chain entered the Indian market and that the latter failed to prove trademark infringement.

The Court dismissed the 2011 lawsuit filed by Burger King Corporation represented by Pankaj Pahuja, which sought a permanent injunction against trademark infringement, along with monetary damages of ₹20 lakh, from the eatery’s owners, Anahita and Shapoor Irani. 

The Court noted that the Pune-based restaurant had been using the ‘Burger King’ name since 1991-92, while the global giant entered India only in 2014.  

“Defendants have been using the trade name for their restaurant since about 1992. The pleadings put forth by the plaintiff are totally silent about how customers have been confused due to use of trademark Burger King by defendants to their restaurant,” it read.

Founded in 1954 by James McLamore and David Edgerton, Burger King Corporation oversees a global network of 13,000 fast food restaurants in over 100 countries. The first Burger King franchise in Asia was launched in 1982, and today there are more than 1,200 locations across the continent. When the company expanded into the Indian market in 2014 with first outlet in New Delhi, and later to Mumbai, and Pune, they found that a restaurant with the same name had already been operating since 2008.

The Irani family opposed the lawsuit, alleging it was filed with mala fide intentions to suppress legitimate businesses. They said apart from the name Burger King, there was absolutely no similarity between the plaintiff’s trademark and their own shop name. They also sought ₹20 lakh in compensation for the harassment and intimidating calls they faced following the suit. However, the Court refused to grant them monetary relief, citing a lack of evidence beyond oral testimony to support their claims.

In its defence, Burger King Corporation highlighted its global presence, with more than 13,000 restaurants worldwide, and argued that the ‘Burger King’ trademark has gained significant reputation and goodwill. However, the Court found no basis for the company’s claims against the Pune-based eatery.