Pune: Supreme Court Stays Bombay HC Order, Allows Local Eatery to Temporarily Use ‘Burger King’ Name
the Supreme Court has stayed a recent Bombay High Court order that barred a Pune-based restaurant from using the name ‘Burger King’. The legal battle between the US-based fast-food giant Burger King Corporation and the local eatery has been ongoing since 2014, when the multinational chain sued the Pune restaurant for trademark infringement, claiming harm to its brand reputation.
The Supreme Court bench, comprising Justices BV Nagarathna and Satish Chandra Sharma, ruled that the Pune eatery can continue operating under the disputed name until the Bombay High Court issues a final decision. The bench stated, “The impugned order shall remain stayed. However, the Bombay High Court can continue to hear the appeal.”
The dispute centers around the Pune restaurant, which has been using the ‘Burger King’ name since 2008, predating the US chain’s official entry into India in 2014. Earlier, a Pune court had dismissed Burger King Corporation’s lawsuit, citing the local eatery’s prior and honest use of the name since the early 1990s. The US company, however, challenged this verdict, claiming it had registered the trademark in India as early as 1979.
Represented by senior advocates Abhishek Manu Singhvi and K Parameshwar, the Pune eatery argued that it had been using the mark long before the US company’s entry and accused the corporation of ‘squatting’ on the trademark. The Supreme Court acknowledged the potential negative impact of an interim stay on the trial court’s ruling and granted relief to the local restaurant, which operates only two outlets in Pune.
The legal battle continues as the Bombay High Court proceeds with the appeal, leaving the final decision pending.
