This is a victory for burger king lovers in Pune who must have visited the outlet at Camp and Koregaon Park some time. Even though they had to shorten it into just “Burger” following a lawsuit on infringement of trade name by Burger King Corporation, owners of this place still maintain their attachment to that title again. This much-loved restaurant has been allowed to retain its original name after a long court battle according to a recent decision.
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burger king Pune mark since 1992.
There is everybody’s love for those tasty juicy burgers available at both places. Amit Bomick, A regular customer at age 77 from Camp area told Pune Times Mirror. “Their burgers are among the best.” For three generations now my family have been going and eating their burgers there. They fit well in your pocket. The shop is a heritage site, even as we talk.
District Judge Sunil Vedpathak threw out the petition filed by the multinational fast food chain after years of relentless legal wrangling, bringing great satisfaction to patrons like Bomick. Earlier than registering the same name for restaurant trade services in India, Burger King Corporation of United States America acknowledged that BK Pune had been using this mark since 1992.
burger king Pune The case
Through argued by Pankaj Pahuja—its authorized representative—the Burger King Company lodged a civil suit against Anahita and Shapoor Irani who own M/s Burger King in Pune. Respondent’s counsels were AD Sarwate, Srushti Angane and Rahul Pardeshi . The request sought permanent injunction on trademark violation, passing off, damages account rendition , delivery and other claims.
awareness about burger king in Pune
The plaintiff discovered through searching the Trademarks Registry of India’s records from 2008 database that there was an application for registration under the city’s name “Burger king”. By means of counsel, the company’s notice of cease and desist was promptly dispatched in June 2009 in order to have an amicable resolution of the matter without going to court. In a strongly-worded response, however, the defendants disallowed the plaintiff any legal rights and insisted that their restaurant be referred as BK. They argued that since the plaintiff’s businesses are not located here, it can’t claim any common law rights.
The respondents rejected this cease and desist notice from the claimant thus insisting on continuing to use with their restaurant named BK. When they did not stop after being served with a cease-and-desist letter by counsel for US-based corporation, Pankaj Pahuja (the company’s authorized representative), they were left with no option but to file this case before Pune court.
burger king Trademark & Trade name since 1954.
According to the complaint, they had been using BK Trademark & Trade name since 1954. It was opened in New Delhi In 2014. Afterwards, Pune and Mumbai were among the cities with their stores.
The court highlighted that for over thirty years now, BK Pune has been in operational and continuous use while; however, its trademark has not been used in India by BK Corporation throughout that period of time. Finally, after a long legal battle, this verdict gives the historical win to Burger King Pune making them recognized as bona fide prior user of the name.
After this order, it shall be business as usual at this very respected restaurant found in Pune as far as their loyal patrons are concerned. Now it is back to square one again. Moreover when contacted by Punetimes Mirrors Irnais have chosen to decline comments from them.
