The legal battle started in 2011 when Burger King Corporation sued Anahita and Shapoor Irani, the owners of Pune’s Burger King, aiming to permanently stop them from using the name.
Burger King Corporation, based in the US, lost a 13-year legal fight against a local restaurant in Pune that shares the same name. On August 16, District Judge Sunil Vedpathak dismissed the lawsuit, ending the fast-food giant’s effort to stop the Pune eatery from using the name “Burger King.”
The lawsuit, filed by Burger King Corporation and represented by Pankaj Pahuja, targeted Anahita and Shapoor Irani, the owners of Pune’s “Burger King” eatery, which operates in the Camp and Koregaon Park areas. The multinational fast-food giant sought damages and a permanent ban on the use of the name. Pune’s Burger King was defended by a legal team led by advocate Abhijit Sarwate, with assistance from advocates Srushti Angane and Rahul Pardeshi.
In his ruling, Judge Sunil Vedpathak highlighted that Pune’s Burger King had been using the name and trademark since 1992-1993, well before the American corporation registered its trademark in India. The judge pointed out that the US-based company had not used the trademark in India for nearly 30 years. During this time, Pune’s Burger King continued to operate under the name, making their use of the trademark both legal and honest.
Burger King Corporation, founded in 1954 by James McLamore and David Edgerton, has grown into the world’s second-largest fast food hamburger chain, with over 13,000 restaurants in more than 100 countries and US territories. Nearly 97% of these locations are run by independent franchisees. The multinational giant employs around 30,300 people globally.
The company made its first move into Asia in 1982 and now has over 1,200 outlets across the continent. When Burger King entered the Indian market in 2014, opening locations in cities like New Delhi, Mumbai, and Pune, they discovered a local restaurant had already been operating under the same name since 2008.
The lawsuit, filed against Anahita Irani and Shapoor Irani, the owners of the Pune-based Burger King restaurant, also demanded ₹20 lakh in damages.
The defendants have been using the name “Burger King” for their restaurant since around 1992. The court noted that the plaintiff’s arguments lacked any mention of customers being confused by the defendants’ use of the trademark “Burger King” for their eatery.
The court stated that Burger King Corporation “failed miserably” to prove that the Pune-based restaurant had infringed on its trademark. Due to the lack of evidence showing any trademark infringement or actual damage to the company, Burger King Corporation was not entitled to any damages.
“In the absence of solid evidence, I find that the plaintiff is not entitled to damages, financial accounts, or a permanent injunction,” the order concluded.
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