• Source:JND
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A Pune court, in a long-awaited judgment, ruled in favour of an eatery--Burger King-- after the US-based Burger King Corporation sought the former should stop using its name. The multinational fast food chain also sough compensation in the tradename infringement case. The lawsuit was filed by Burger King Corporation, represented by Pankaj Pahuja, against Anahita and Shapoor Irani, the owners of M/s Burger King, which operates its iconic eateries in the Camp and Koregaon Park areas.

Notably, Burger King is operational in 122 countries, including India, since 1954. Upon discovering that an Irani couple in Pune was running a food joint using the same name, the company moved the court against them in 2011.

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Burger King argued this was a trademark violation and requested the court to prohibit them from using this name, besides seeking compensation over damages.

The couple, in the bid to retain the name, argued that they had been running their eatery with that name since 1992, before the multinational food chain entered India, They said they had no intentions to copy or mislead anyone, adding that people in India were not even aware of the international brand when they started their food joint.

Moreover, the couple filed a counterclaim against the US-based fast food chain, seeking Rs 20 lakh in compensation, arguing that Burger King's legal actions had harmed their business.

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However, the court asserted that none of the parties were able to substantiate their claims, hence the case was dismissed. The judge highlighted that the US company had not used the trademark in India for nearly 30 years, while Pune’s Burger King had continuously operated under the name during this period, making their use of the trademark both legal and honest.