Court bans use of name ‘Burger King’: Fast food company had filed petition against Pune restaurant, case going on since 2011

The Bombay High Court on Monday, in an interim order, barred a Pune restaurant from using the name ‘Burger King’. This order will remain in force until the hearing on the trademark infringement petition of US-based firm Burger King is completed. The bench of Justice A.S. Chandurkar and Rajesh Patil said that it is necessary to hear the appeal of Burger King Corporation. The court ordered both the parties (Burger King and the restaurant) to prepare to present the transaction records and tax documents of the last 10 years till the appeal is settled. The case of the Pune restaurant regarding Burger King’s trademark first reached the court in 2011. A Pune restaurant had used the name Burger King, which the company challenged in the court, calling it a violation of its trademark. The company had filed a petition in August The company had filed an appeal in the High Court in August this year, challenging the order of a Pune court. This month, the Pune court had dismissed the case against the restaurant alleging trademark infringement. Burger King Corporation had filed a petition in the High Court and appealed to the Pune restaurant owners – Anahita Irani and Shapoor Irani to not use the name ‘Burger King’ till the court’s decision comes. The hearing of the case started in August In August, the High Court started hearing the appeal filed by the company. Then the High Court extended the interim order of the Pune Court in 2012, in which the restaurant was banned from using the name ‘Burger King’. The fast-food company said in the appeal that due to the similar name (Burger King) of this Pune restaurant, its name and reputation along with its revenue is getting damaged. Burger King’s petition was rejected in 2011 Earlier in 2011, the Pune Court had rejected the petition filed by Burger King. Then the court had said that this Pune store has been operating since 1992. Whereas 22 years later, the American company started its first store in India. Burger King’s lawyer questioned the court’s decision Burger King’s lawyer Hiren Kamod questioned the Pune court’s decision and said that Burger King has more than 400 restaurants in India, of which 6 stores are in Pune alone. …………….. Read this news related to the trademark case as well… Court’s decision on copyright and trademark violation in Indore: Fake products were being made in the name of a food product company, court gave instructions for action Delhi’s Patiala Court had issued an order and directed action on copyright and trademark violation of a food product of Indore city by another company. According to the information, in the case of copyright and trademark violation of sweets being made by Rajshahi Food Products, Indore, Delhi High Court had issued instructions for strict legal action against those making fake products. Read the full news…

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