In a landmark decision, a Pune-based eatery named ‘Burger King’ has emerged victorious in a 13-year legal battle against the global fast-food chain of the same name. The district’s commercial court dismissed the trademark infringement lawsuit filed by the international giant.

On August 16, District Judge Sunil Vedpathak ruled that the Pune eatery had been operating under the ‘Burger King’ name long before the global chain entered the Indian market. The court found that the international company failed to substantiate its claims of trademark infringement.

Burger King Corporation, represented by Pankaj Pahuja, had filed the lawsuit in 2011, seeking a permanent injunction against the local eatery, along with ₹20 lakh in damages. However, the court dismissed the case, noting that the Pune restaurant, owned by Anahita and Shapoor Irani, had been using the ‘Burger King’ name since 1991-92, while the global chain only entered India in 2014.

“The defendants have been using the trade name for their restaurant since about 1992. The pleadings put forth by the plaintiff are totally silent about how customers have been confused due to the use of the trademark ‘Burger King’ by the defendants for their restaurant,” the court observed.

Burger King Corporation, founded in 1954 by James McLamore and David Edgerton, operates a vast network of over 13,000 fast-food outlets in more than 100 countries. The company first launched in Asia in 1982, and by the time it entered the Indian market in 2014—starting with an outlet in New Delhi, followed by others in Mumbai and Pune—a local restaurant with the same name had already been in operation since 2008.

The Irani family contested the lawsuit, arguing that it was an attempt to suppress their legitimate business. They pointed out that apart from the name ‘Burger King,’ there were no similarities between their establishment and the global chain’s trademark. They also sought ₹20 lakh in compensation for the harassment they claimed to have faced following the suit. However, the court denied their request for monetary relief, citing insufficient evidence beyond oral testimony.

In its defence, Burger King Corporation emphasized its extensive global presence and the significant reputation and goodwill associated with the ‘Burger King’ trademark. Nevertheless, the court found no merit in the company’s claims against the Pune-based eatery.