Supreme Court allows Pune eatery to use 'Burger King' brand name

The Supreme Court on Friday permitted a Pune-based restaurant to continue using the 'Burger King' name until the Bombay High Court delivers its verdict on the matter, according to a Bar and Bench report. 

Earlier, the Bombay High Court had reversed a Pune court's ruling, which had dismissed a trademark infringement case filed by US fast-food giant Burger King Corporation against the local eatery using the same name.

The conflict arose after Burger King Corporation entered the Indian market in 2014, while the Pune-based eatery had already been using the 'Burger King' name since 2008. The global fast-food chain claimed that the local restaurant’s use of the name harmed its brand reputation and sought a permanent injunction to stop it from operating under the same name.

In July 2024, a Pune court ruled in favour of the local restaurant, noting that it had been operating since the early 1990s, while Burger King Corporation registered its trademark in India only in 2006. The court recognised the Pune eatery as a 'prior and honest user' of the name and dismissed the US fast-food giant’s claims.

The US fast-food chain challenged the Pune court’s decision in the Bombay High Court, arguing that it had registered the 'Burger King' trademark in India as early as 1979, though it only began operations in 2014. Meanwhile, the Pune-based eatery countered that it had been using the name since 1992, well before the multinational’s entry into the Indian market. It also accused the US company of ‘squatting’ on the trademark, highlighting that its initial registration was for paper products rather than restaurant services.