The Supreme Court of India has temporarily stayed a Bombay High Court order that had barred a Pune-based restaurant from using the name ‘Burger King’. This ruling allows the local eatery to continue operations under the disputed name until the High Court issues a final verdict. A bench of Justices BV Nagarathna and Satish Chandra Sharma ruled, “The impugned order shall remain stayed. However, the Bombay High Court can continue to hear the appeal.”
The dispute involves US-based fast-food giant Burger King Corporation, which entered the Indian market in 2014, and a Pune restaurant that has been using the ‘Burger King’ name since 2008. The multinational company claimed that the local eatery’s use of the name harmed its brand reputation and sought a permanent injunction. In July 2024, a Pune trial court ruled in favor of the local restaurant, recognizing its prior and continuous use of the name. The court noted that the Pune establishment had been operating since the early 1990s, while Burger King Corporation had registered its restaurant services trademark in India only in 2006. Declaring the Pune restaurant a “prior and honest user,” the court dismissed the multinational company’s claim.
Burger King Corporation appealed the Pune court’s ruling in the Bombay High Court, arguing that it had registered the trademark in India as early as 1979, even though it entered the Indian market only in 2014. The High Court ruled in favor of the US company and stayed the trial court’s decision, prompting the Pune eatery to approach the Supreme Court.
Senior Advocates Dr. Abhishek Manu Singhvi and K. Parameshwar, representing the Pune eatery, argued that their client had used the name ‘Burger King’ long before the US corporation entered India. They also accused the multinational firm of ‘trademark squatting,’ pointing out that its initial registration was for paper products rather than restaurant services. Conversely, Advocate Aditya Verma, representing Burger King Corporation, countered that the appeal was progressing swiftly in the Bombay High Court, eliminating the need for an interim stay. He further argued that allowing another restaurant to use the name ‘Burger King’ could confuse consumers.
While granting relief to the Pune eatery, the Supreme Court noted that the local restaurant operates only two outlets in Pune, whereas Burger King is an international chain with numerous locations. The Court also observed that staying a trial court’s decree could adversely impact the affected party. Consequently, the Supreme Court put the Bombay High Court’s order on hold. The matter will continue to be heard in the Bombay High Court, which will decide on the final ownership and usage rights of the ‘Burger King’ trademark in India.
