The Bombay High Court on Wednesday admitted a first appeal filed by a Pune-based burger joint against an interim order passed by a coordinate bench which had restrained the restaurant from using the name "Burger King" [Anahita Irani v Burger King]..A bench of Chief Justice Alok Aradhe and Justice MS Karnik admitted the appeal and agreed to hear the matter on an urgent basis.This comes after the Supreme Court recently stayed the Bombay High Court's order and directed an expeditious hearing of the case. .In December 2024, a division bench of Justices AS Chandurkar and Rajesh Patil had admitted the appeal filed by Burger King Corporation and restrained the local restaurant from infringing upon the US giant's trademark, pending the hearing and final disposal of the appeal. The fast food giant had appealed against a Pune court’s order that had dismissed the trademark infringement suit filed by it against the Pune-based restaurant operating under the same name..Burger King Corporation entered the Indian market in 2014, while the local restaurant had been using the name "Burger King" since 2008. The US fast-food chain argued that the local eatery’s use of the name harmed its brand reputation. It thus sought a permanent injunction to stop the restaurant from using the trademark.In July 2024, a Pune court ruled in favour of the local restaurant, citing its prior use of the name. The court noted that the Pune-based establishment had been operating since the early 1990s, while Burger King Corporation had only registered the trademark for restaurant services in India in 2006. Burger King Corporation challenged this decision in the Bombay High Court, asserting that it had registered the trademark in India as early as 1979, despite entering the Indian market much later. The local restaurant, however, argued that it had been using the name since 1992, well before the US chain launched in India.Senior Advocate Ravi Kadam appeared for Burger King Corporation.Senior Advocate Venkatesh Dhond appeared for the owners of the Pune eatery.
