The 13-year legal struggle between the US multinational Burger King Corporation and its namesake restaurant in Pune, Maharashtra, has come to an end after a district judge dismissed the company’s lawsuit citing trademark infringement.
In the August 16 judgement, Pune district judge Sunil Vedpathak stated that the US burger chain had not been able to prove that the local eatery had violated its trademark because the city-based restaurant ‘Burger King’ had been functioning long before the US-based fast food chain launched its business in India.
The Burger King Corporation sued the Pune eatery in 2011 and requested a permanent injunction to prevent trademark infringement, passing off the trademark as their own, and monetary damages.
The claim was dismissed by the court. “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 said.
The owners of the Burger King restaurant in Pune, Anahita and Shapoor Irani, were sued, and damages of Rs 20 lakh were also demanded.
On the US fast food chain company’s demand for permanent injunction, the court said the Burger King Corporation started to provide services through restaurants under its trademark Burger King in India particularly in the year 2014, whereas the city-based eatery was using the trademark ‘Burger King’ to provide restaurant services since 1991-92.
The court said the Burger King Corporation has miserably failed to prove that the eatery here had infringed its trademark Burger King while running the restaurant in Pune. “Since there was absolutely no evidence regarding proof of infringement of the US fast food chain’s trademark and actual damage caused to it, the company was not entitled for any damages. Thus, in the absence of cogent evidence, I find that the plaintiff is not entitled for damages, rendition of accounts and the relief of perpetual injunction,” the order said.
The US fast food chain’s first Indian BURGER KING restaurant was opened in New Delhi on November 9, 2014, the court said. The first BURGER KING franchised restaurant in Asia was opened in 1982 and there are currently more than 1,200 of these restaurants in Asia, the suit claimed. It further said that the company has been using the trademark ‘Burger King’ since 1954 and it is known globally.
The business claimed that the high qulaity of products and services provided by its fast food outlets has helped BURGER KING establish a fantastic reputation and goodwill. Therefore, any trader who adopts or uses an identical mark or a mark that is misleadingly similar would be acting dishonestly and maliciously, and as a result of the Pune eatery’s unlawful actions, which are irreversible and unquantifiable, the company would suffer significant loss, damage, and harm to its goodwill, business, and reputation.
The Iranis objected to the lawsuit, claiming that it was brought with dishonest intent and to deter legitimate users and businesses from doing business with them. They claimed that there was no resemblance at all between the US fast food chain’s trademark and the name of their own store. The Iranis also claimed that they have been receiving threatening and abusive calls ever since the lawsuit was filed.
They requested compensation of Rs 20 lakh ffrom the US company for the emotional distress and suffering they had endured. However, the court denied them any financial remedy as well, pointing out that no additional evidence aside from oral testimony was provided to support their allegations.
(with PTI inputs)
