Burger King’s lawsuit argues that the Pune eatery’s name inflicts significant losses on the burger giant. Credit: vivooo/ Shutterstock.

India’s Bombay High Court has issued an interim order preventing a Pune-based eatery from using the name Burger King, following a trademark infringement claim by the US fast-food giant, Burger King Corporation.  

The court’s interim order comes pending the final disposal of the appeal filed by the American company. 

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In August 2024, Burger King Corporation appealed against a Pune court’s decision to dismiss its case on trademark infringement by the local eatery.  

The Pune court stated that the local restaurant has been operating as Burger King since 1992 – before the US burger giant entered the country. 

Hiren Kamod, counsel for Burger King Corporation, contended that this finding was erroneous as it overlooked the global recognition and prior existence of their client’s brand. 

Kamod stated: “The plaintiff company presently has over 400 Burger King joints in India, of which six are in Pune”. 

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The US firm also sought an interim injunction to stop Anahita Irani and Shapoor Irani, owners of the Pune establishment, from using the Burger King name while the appeal is considered. 

Burger King Corporation’s lawsuit argues that the Pune eatery’s use of the Burger King name inflicts significant losses and damages to its brand’s goodwill, business and reputation.  

Justices A S Chandurkar and Rajesh Patil have stated that the appeal requires thorough examination and evidence review.  

They have expedited the hearing process and instructed both parties to preserve financial records and tax documents dating back ten years until the appeal is resolved. 

Until then, the interim order restraining the Pune-based eatery from using the name Burger King is required to be continued.”