Pune restaurant wins 13-year trademark dispute against Burger King

Perhaps the most important legal success, a restaurant based in Pune has triumphed in a trademark dispute that has lasted 13 years with Burger King, an international fast food company. The legal battle started when Burger King, which has begun its journey in India in 2014, objected to the trademark of the Pune restaurant that has been using the name ‘Burger King’ since 1996.

The Indian restaurant did trademark the name ‘Burger King’ before a restaurant with the same name opened a store in India from the United States. When the international Burger King sought to enter India, it wished to use the brand name ‘Burger King’, which resulted in a long legal struggle over the trademark.

In a number of years of trials, Indian judiciary supported the Pune restaurant’s accusations which testified that they have been using and have registered the trademark before the alleged owner of the trademark. The court agreed with the restaurant’s argument that “Burger King” was rightfully its in the region; the court supported the fact that trademark rights refer to the first users and register of the trademark.

It is considered as a landmark judgment in the India legal archive with respect to the trademark issue for domestic companies against multinational firms. It contributes to sustaining the notion that effective business entities can also take their ground and defend their rights with the support provided by law against significantly bigger companies.

The verdict enables the Pune restaurant to retain the original name it chose for its outlet while the global Burger King chain requires the skills in handling the issues of branding in markets where the name that that has used already belongs to another company.