VietBF - View Single Post - Burger King loses trademark battle against Indian restaurant with same name

sunshine1104 · 08-23-2024

An Indian court has ruled in favor of a local restaurant named "Burger King," which had been using the name since 1992, over a decade before the American fast-food giant entered the Indian market. Last week, the Pune District Court dismissed a lawsuit brought by Burger King Corporation, which accused the Pune-based restaurant of trademark infringement.

The court recognized that the Indian restaurant, owned by Anahita and Shapoor Irani, had established its name long before the multinational company launched its first outlet in India in 2014. The district judge, Sunil G. Vedpathak, also rejected a counterclaim filed by the Iranian couple, according to reports from the Hindustan Times.

Burger King Corporation began its operations in India in November 2014, with its first outlet in Delhi and later expanded to Pune. However, the corporation had already issued a cease and desist notice in 2009 upon discovering that the Iranis were using the name "Burger King" for their restaurant. Despite this, the Pune-based restaurant argued that the corporation had no grounds for common law rights, as the American chain had no presence in India at the time.

In 2011, Burger King Corporation filed a lawsuit against the Pune restaurant, alleging trademark infringement and seeking damages. The Iranis defended their use of the name, highlighting that their restaurant had been operational for years before the American company entered the Indian market and that their logos were different enough to avoid consumer confusion.

During the legal proceedings, the Iranis eventually changed the name of their restaurant to simply "Burger." They also filed a counterclaim seeking 2 million rupees (approximately US$23,800) in damages, arguing that the lawsuit had harmed their business. However, the court dismissed their counterclaim, citing insufficient evidence to prove actual damages.

Ultimately, the court ruled that the Pune restaurant was not liable for any damages to Burger King Corporation, allowing the local business to continue operating without penalty.

08-23-2024	#1
sunshine1104 R10 Vô Địch Thiên Hạ Join Date: Feb 2015 Posts: 78,135 Thanks: 4 Thanked 3,995 Times in 3,517 Posts Mentioned: 4 Post(s) Tagged: 0 Thread(s) Quoted: 22 Post(s) Rep Power: 90	Burger King loses trademark battle against Indian restaurant with same name An Indian court has ruled in favor of a local restaurant named "Burger King," which had been using the name since 1992, over a decade before the American fast-food giant entered the Indian market. Last week, the Pune District Court dismissed a lawsuit brought by Burger King Corporation, which accused the Pune-based restaurant of trademark infringement. The court recognized that the Indian restaurant, owned by Anahita and Shapoor Irani, had established its name long before the multinational company launched its first outlet in India in 2014. The district judge, Sunil G. Vedpathak, also rejected a counterclaim filed by the Iranian couple, according to reports from the Hindustan Times. Burger King Corporation began its operations in India in November 2014, with its first outlet in Delhi and later expanded to Pune. However, the corporation had already issued a cease and desist notice in 2009 upon discovering that the Iranis were using the name "Burger King" for their restaurant. Despite this, the Pune-based restaurant argued that the corporation had no grounds for common law rights, as the American chain had no presence in India at the time. In 2011, Burger King Corporation filed a lawsuit against the Pune restaurant, alleging trademark infringement and seeking damages. The Iranis defended their use of the name, highlighting that their restaurant had been operational for years before the American company entered the Indian market and that their logos were different enough to avoid consumer confusion. During the legal proceedings, the Iranis eventually changed the name of their restaurant to simply "Burger." They also filed a counterclaim seeking 2 million rupees (approximately US$23,800) in damages, arguing that the lawsuit had harmed their business. However, the court dismissed their counterclaim, citing insufficient evidence to prove actual damages. Ultimately, the court ruled that the Pune restaurant was not liable for any damages to Burger King Corporation, allowing the local business to continue operating without penalty.