Who is the real king of Pune’s ‘Burger King’?Pune (8) – A restaurant operating under the name ‘Burger King’ in Pune has become a headache for the ‘Burger King’ brand in the US. Since a restaurant in Pune was operating under the name ‘Burger King’ since 2008, even before the arrival of ‘Burger King Corporation’ in India, the Supreme Court has granted permission to this restaurant to temporarily use the name ‘Burger King’. Five years later, the Supreme Court has ruled that Burger King Corporation has entered India. The court has rejected the claims of the American chain.The Bombay High Court had stayed the order of the Pune court in the trademark infringement case filed by the American fast food corporation against the Pune-based ‘Burger King’ restaurant.American fast food chain Burger King Corporation had filed a trademark infringement case in a Pune court against a Pune restaurant operating under the same name. In it, the American food chain argued that its brand was globally renowned and that using the same name by a local restaurant would diminish the brand’s reputation. However, the Bombay High Court overturned the Pune court’s decision. Considering the popularity of the brand, this local restaurant should be permanently banned from using this name. A court in Pune heard the case and ruled in favor of the Pune restaurant. The court, while explaining the restaurant’s side, said that this local restaurant in Pune has been stable since the 90s. Whereas, ‘Burger King’ of America registered its trademark in India in 2006.The American chain took the case to the High Court against the Pune court, claiming that even though the American company did not start operations before 2014, the trademark in India was registered in 1979. On this, the Pune restaurant, while presenting its case before the court, explained that its restaurant has been using this name since 1992. The American company had applied for registration only in relation to paper products. Not for the restaurant. Senior advocates Abhishek Manu Singhvi, K Parmeshwar, Abhijit Sarwate and Anand Dilip Landge, who appeared for the restaurant in Pune, also argued that granting an interim stay on the trial court’s decree could have significant consequences. Because the appeal process can take a long time. And these same local traders can suffer losses.On the other hand, lawyer Aditya Verma, representing the American corporation, argued that the appeal in the Bombay High Court is progressing rapidly. Therefore, there is no reason left to stay the High Court order. Aditya Verma, while representing the corporation, also said that allowing local restaurants to use the brand name ‘Burger King’ would confuse consumers.However, the Supreme Court has sided with the Pune-based Burger King restaurant, which has only two branches in Pune. Whereas Burger King has many branches worldwide, it was founded in 1953 under the name Insta-Burger King.The Supreme Court’s stay means that the Pune restaurant can temporarily use the name ‘Burger King’ until the Bombay High Court decides on the matter.This dispute has been going on for many years over the use of the brand by an American corporation and a local restaurant called ‘Burger King’.A bench of Justices B. V. Nagaratna and Satish Chandra Sharma said, “The interim order will remain in force. However, the Bombay High Court can continue hearing the appeal.What is ‘Brand Licensing’?Brand licensing allows you to rent a well-known brand and use it on your products. Associating a powerful brand with a sought-after product helps increase sales and generate additional revenue. The global licensing industry is now worth over $300 billion, helping more and more beloved brands bring their fans and consumers together in innovative ways.
By Anupriya Gaikwad
For True to Life News Media Pvt. Ltd.