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The Bombay High Court in an interim order Monday restrained a Pune-based burger joint to use the name, ‘Burger King’ in connection with an appeal filed by the US-based international burger brand claiming trademark infringement. A division bench of Justice A S Chadurkar and Rajesh Patil on Monday said that the court will hear the company’s interim application on September 6, passing an interim order restraining the Pune eatery from using the name ‘Burger King’ till then. An eatery in Pune owned by Anahita Irani and Shapoor Irani, located on East Street, named ‘Burger King’ was sued by the multinational fast-food corporation claiming infringement of trademark laws. Following the pending legal proceedings, the Pune joint called itself ‘Burger’. The Pune court in its order last month said that the eatery had been using the name since 1992 much before the US company started doing business in India. Hence, it was not in violation of the trademark, the court said. In its appeal, the corporation said that an interim injunction should be issued against the Pune joint, preventing it from using the name ‘Burger King’ till the final decision in the case. Its lawyers said that there are over 400 Burger King joints in the country and six of these are in Pune. The suit claims that the use of the name ‘Burger King’ by the Pune joint, was causing the company losses and harm to its goodwill and reputation. The Pune eatery’s lawyers said that the place has been famous in Pune since the 1990s and pending proceedings in Pune had to use the name “Burger’. The eatery’s owners sought an urgent hearing stating that they had suffered for over a decade. Click here to join The Indian Express on WhatsApp and get latest news and updates None
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