Burger King loses 13-year legal battle against Indian restaurant

Pune court rules Indian restaurant had been using name for over a decade before American chain started doing business in country

American fast food chain Burger King has lost a 13-year legal battle against an Indian restaurant with the same name.

An Indian court dismissed a suit filed by Burger King Corporation alleging trademark infringement by Burger King in Pune city, in the western state of Maharashtra, noting that the restaurant had been in operation since 1992, years before the multinational company started doing business in the country.

Burger King Corporation was founded in 1953 as Insta-Burger King and rechristened Burger King in 1959. It entered the Indian market in November 2014, opening its first outlet in the capital Delhi, and arrived in Pune the next year.

The company said they sent a cease and desist notice in 2009 after finding out that Anahita Irani and Shapoor Irani, a Parsi couple in Pune, were using the name Burger King for their restaurant.

The Iranis responded that the corporation could not claim any common law rights since there were no Burger King restaurants operating in India at the time.

Burger King Corporation filed a lawsuit in 2011 claiming that the Pune restaurant’s name was a violation of its trademark. It also sought damages.

The Iranis argued that they had used the name since 1992, over a decade before the American chain arrived in India. Their logos were different and that prevented anyone from confusing the Pune restaurant for the global chain.

(AFP via Getty Images)

“The defendants use a crown between the words Burger King to depict the word Burger King, whereas it appears that plaintiffs have never used it. Thus, as far as visual deception is concerned, there’s none,” they contended.

As the case dragged on, however, the Iranis changed the name of their restaurant to Burger.

They also made a counter claim against the fast food giant, seeking Rs 2m (£18,377) in damages on the grounds that the lawsuit had hurt their business. The claim was denied by the court as they had provided “no supporting evidence to prove the actual damages caused”.

As for the suit brought by Burger King Corporation, the court said the company had “miserably failed” to prove trademark infringement. Therefore it was not entitled to any damages and the Pune restaurant was free to use the name.

“Thus, in the absence of cogent evidence, I find that the plaintiff is not entitled for damages, rendition of accounts and the relief of perpetual injunction,” district judge Sunil Vedpathak, who heard the case, said.