In a notable legal development, the Supreme Court has granted interim relief to a Pune-based eatery named ‘Burger King’, staying the Bombay High Court’s order that had restrained it from using the ‘Burger King’ trademark. This decision allows the local establishment to continue its operations under the contested name pending further legal proceedings.
Background of the Dispute
The dispute traces back to 2011 when the US-based fast-food giant, Burger King Corporation, filed a trademark infringement suit against the Pune eatery. The multinational company, which began its operations in 1954 and is recognized as one of the world’s largest fast-food hamburger chains, alleged that the Pune restaurant’s use of the ‘Burger King’ name could cause brand confusion and sought a permanent injunction against its usage.
However, the proprietors of the Pune-based ‘Burger King’, Anahita Irani and Shapoor Irani, contended that they had been operating under the ‘Burger King’ name since 1992, well before the US company’s entry into the Indian market in 2014. They argued that their prolonged and honest use of the trademark in India granted them rightful ownership.
Legal Proceedings and Judgments
In August 2024, the District Court in Pune ruled in favor of the local eatery, dismissing the trademark infringement suit filed by the US-based corporation. The court recognized the Pune restaurant as a “prior and honest user” of the ‘Burger King’ trademark in India.
Dissatisfied with this outcome, Burger King Corporation appealed to the Bombay High Court. In December 2024, the High Court issued an order restraining the Pune eatery from using the ‘Burger King’ name, effectively overturning the District Court’s decision.
Supreme Court’s Intervention
Challenging the Bombay High Court’s restraint order, the proprietors of Pune’s ‘Burger King’ approached the Supreme Court. On March 7, 2025, a bench comprising Justices BV Nagarathna and Satish Chandra Sharma granted interim relief to the Pune eatery by staying the High Court’s order. This stay permits the local restaurant to continue using the ‘Burger King’ trademark until the final resolution of the case.
The Supreme Court has also issued notices to the respondents, seeking their responses, and clarified that the High Court can proceed with hearing the appeal.
Implications and Industry Reactions
This case underscores the complexities surrounding trademark laws, especially when global brands enter markets where local businesses might already be using similar or identical names. The principle of “prior and honest use” plays a crucial role in such disputes, as evidenced by the District Court’s initial ruling in favor of the Pune eatery.
Legal experts believe that the Supreme Court’s interim relief highlights the judiciary’s recognition of protecting local businesses that have been operating in good faith. However, the final outcome of this case will set a significant precedent for future trademark disputes in India.
Representatives for both parties have refrained from making public comments, citing the ongoing legal proceedings. Industry observers are keenly watching the developments, as the case could influence strategies of international brands planning to enter the Indian market.
The Supreme Court’s decision to grant interim relief to Pune’s ‘Burger King’ is a pivotal moment in this trademark dispute. As the legal battle continues, it brings to the forefront the challenges and intricacies of trademark laws in a globalized economy. The final verdict will be eagerly awaited by both legal practitioners and businesses alike, given its potential implications on trademark jurisprudence in Indi
