A Pune district court has dismissed a case filed by the Burger king , an America based corporation against a local eatery for using the same name
The Burger King Corporation :
The American fast food chain Burger King Corp is the first Indian Burger King restaurant which was opened in New Delhi on November 9 , 2014 . The Company has accused the Pune based Local Restaurant for trademark infringement , tried to halt the use of name , recover damages and sought a permanent Infringement.
The Legal Battle
The US company filed the lawsuit against Anahita Irani and Shapoor Irani , owners of the Local Restaurant . Irani’s opposed it saying that it was suited with deceptive Intentions and to discourage the business motive of authentic Companies
The Local Burger King was installed in 1991-92 well before the US was rooted in New Delhi and registered its trademark in India .The Trademark was registered only after 30 years of incorporation where the local company used the name very long before that registration .
The Commercial Court in Pune dismissed the case finally alleging that the Burger king did not submit any evidence against the Pune based local restaurant proving their claims that they had financial loss , confusion in the minds of customers .
The 13 year legal battle was finally dissolved by judge Sunil Vedpathak were he ruled it in favor of Local Burger King on 16th august
The local restaurant after the judgment asked for Compensation of Rupees 20 lakhs for the 13 years continuous legal battle to reimburse damages made to them .However the court refused any monetary claim saying they too doesn’t provided any evidences to support their suit.
