Burger King is a well-known US Fast Food Brand and famous worldwide. It recently filed a lawsuit or trademark dispute case against a small eatery in Pune. The small eatery in Pune was using the exact same name ‘Burger King’. Hence, infringing on Trademark. Let’s understand the important details regarding this case.
Legal Proceedings related to Burger King Trademark Dispute
Burger King first filed a case in a Pune court in 2011. However, the court dismissed Burger King’s petition. The reason petition was dismissed was based on finding that the Pune restaurant had been using the term “Burger King” since 1992, long before the US firm began operations in India.
Afterwards, Burger King filed the Bombay High Court for an interim injunction prohibiting the Pune eatery from using the term “Burger King” while the case was being reviewed.
Current Court Decision
The Bombay High Court granted Burger King – US Company interim relief by extending a prior decision dated January 2012.
This restraining order prohibits the Pune eatery from utilising the “Burger King” trademark until September 6. On September 6, the court will hear the trademark dispute case again.
Hence, the trademark opposition continues.
What is Trademark Opposition?
Trademark opposition is important in situations like the one between Burger King and the Pune-based restaurant because it entails disagreements over the use of a similar brand. If Burger King encounters that another company is using the mark that has been attained through trademark registration that would hurt its brand or cause confusion among customers, it can file an opposition to prevent that firm from registering or continuing to use the trademark.
Learn More: All about Trademark Opposition In India
Important Arguments from Both Sides
Burger King’s Argument
The Burger King says that pune court is wrong as the US Company has now more than 400 outlets in India. This also includes six outlets in Pune. Hence, they claim that the Pune Eatery is harming their business and damaging the brand reputation.
Pune’s Eatery Argument
Pune Eatery argues that the restaurant has been working and famous since the 1990s and they used the brand name even before the US Burger Company chain entered the Indian market. Furthermore, they argued that why a business giant like Burger King is worrying about a small local business.
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