Case Note: Burger King Corporation V. Burger King Pune (Trademark Dispute In India)

Pranjal Srivastav, University of Lucknow

Shreya Srivastava, University of Lucknow

BACKGROUND

The Burger King Corporation v. Burger King (Pune) case marks significant moment in Indian Trademark Jurisprudence highlighting the complexities regarding Trademark disputes involving global joints in small local businesses. The case commenced in 2011 when Burger King Corporation, US based fast food corporation initiated a lawsuit against local eatery in Pune, Maharashtra which was also operating under the name Burger King.

PARTIES INVOLVED

Plaintiff: Burger King Corporation is a global fast food chain, it was founded in 1954 .The corporation owns over 13,000 restaurants in our hundred countries and has registered trademarks in 122 countries which also includes India. Burger King opened its first Indian outlet in New Delhi in the year 2014. It was represented by Pankaj Pahuja.

Defendant: The local eatery of Pune also called ‘Burger King’, run by Anahita and Shapur Irani. It has been operating under the same name since 1992, long before the global corporation entered the Indian market. It was represented by A.D. Sarvate, Srishti Angane, Advocate Rahul Pardeshi.

FACTS

The Global Corporation claims ownership of the Burger King trademark thereby demanding an injunction against the Pune restaurant for Trademark infringement as well as seeking 20 lakh in damages. The local restaurant however had been using the same name since 1992. the defendants counter claim seeking 20 lakh for Elizabeth harassment and intimidation by Burger King Corporation.