The Pune district court has dismissed an application filed by the US fast-food chain Burger King Corporation (BKC) to restrain an Indian eatery from using the ‘Burger King’ trademark. According to an Economic Times report, district Judge Sunil G. Vedpathak dismissed a counterclaim filed by the Pune-based company.
This legal battle has been ongoing for 13 years. Burger King Corporation initially sued the couple Anahita and Shapoor Irani, owners of the Pune eatery, for allegedly infringing on its trademark. The corporation sought to prevent them from using the ‘Burger King’ name and also sought damages.
In response, the Pune eatery owners countersued Burger King Corporation, demanding ₹20 lakh as compensatory damages for the mental pain and agony they endured.
The US-based Burger King Corporation opened its first Indian store in November 2014, but the Pune eatery had been operating since 1989 and using the name ‘Burger King’ since 1992.
However, Burger King Corporation argued that it had already established a tremendous reputation and goodwill worldwide, with brand awareness extending to India. The Pune eatery contended that the lawsuit was malafide and aimed at discouraging small business owners.