Restaurant allowed to use 'Burger King' trademark, Supreme Court stays Bombay High Court order

The Supreme Court upheld the order of the Bombay High Court which stopped a Pune restaurant from operating under the brand 'Burger King'. The stay will remain in force until the hearing and the order in the suit of the American food chain 'Burger King' for infringement of its trademark.

The Justices B.V. Nagarathna and Satyendra Chandra Sharma bench issued a notice in the appeal made by Burger King Corporation against the High Court order. The top court, in its order dated March 7, said the respondent's plea will not halt the hearing of the case and the High Court may rule at the earliest, even if the petition is still pending.

The High Court in Bombay restrained the Pune restaurant on December 2, 2024, from operating under the name 'Burger King'. The restaurant owners had filed the petition in the High Court in August 2024 challenging the order of the Pune court.

Burger King Corporation had sought a temporary injunction from the High Court against the restaurant owners Anahita Irani and Shapoor Irani so that the restaurant could not use the Burger King trademark till the hearing of the petition is completed. The High Court in August extended the temporary injunction imposed by the Pune court in January 2012 and started hearing on the company's petition.

The company had claimed that it had suffered huge losses by using the name Burger King and its brand, reputation, and business were damaged. The Pune court had rejected Burger King Corporation's 2011 petition, as the Pune restaurant had been running under the name Burger King since 1992, which was before the US company started business in India.