Pune’s Burger King fends off global giant in an epic 13-year trademark tussle

US-based Burger King Corporation has lost a 13-year legal battle against a namesake eatery in Pune after a district court dismissed its lawsuit alleging trademark infringement. The court's ruling on August 16, delivered by District Judge Sunil Vedpathak, marked the end of the multinational fast-food chain’s attempt to prevent the Pune-based restaurant from using the "Burger King" name.

The legal conflict began in 2011 when Burger King Corporation filed a suit against Anahita and Shapoor Irani, the owners of Pune’s Burger King, seeking a permanent injunction to stop the local eatery from using the name. The corporation also sought Rs 20 lakh in damages, claiming that the use of the "Burger King" name by the Pune restaurant was causing irreparable harm to its brand reputation.

However, the court ruled in favor of the Iranis, noting that they had been operating under the "Burger King" name since 1992, long before the US-based company entered the Indian market in 2014. Judge Vedpathak stated, "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 the trademark Burger King by defendants for their restaurant."

The court found that the Burger King Corporation had failed to provide any substantial evidence that the Pune eatery's use of the name had caused confusion among customers or harmed its brand. As a result, the court dismissed the multinational’s claims for a permanent injunction and damages, stating that the company was not entitled to any monetary relief.

The US Burger King, founded in 1954 and operating over 13,000 fast food restaurants worldwide, argued that the Pune establishment’s use of the "Burger King" name could lead to customer confusion and damage its global reputation. The corporation claimed that its brand had built tremendous goodwill over the decades and that any use of an identical or similar mark by another business would be dishonest and harmful.

In response, the Iranis contended that the lawsuit was filed with malicious intent, aiming to discourage legitimate business operators like themselves. They argued that beyond the name, there was no similarity between their restaurant and the global fast-food chain. They also alleged that they had been subjected to harassment and intimidation since the lawsuit was filed, and sought Rs 20 lakh in compensation for the mental distress caused by the legal proceedings. However, the court declined to grant any monetary compensation to the Iranis, citing a lack of substantial evidence to support their claims.

The ruling allows Pune’s Burger King to continue operating under the name that has been an integral part of the city’s food scene for over three decades, despite the efforts of the global fast-food giant to challenge its right to do so.