Interim relief For Burger King

High Court of Bombay provides interim relief for Burger King in accordance with trademark case against a fast food joint located in Pune

The Bombay High Court on Monday granted an interim stay on a July 16 , 2024 order of a Pune court which had dismissed a trademark infringement suit filed by fast food giant Burger King against a local burger joint with the same name [Burger King Corporation v. Anahita Irani and Another].

A Bench of Justices AS Chandurkar and Rajesh Patil said that the interim stay will operate till the next date of hearing, on September 6. On this date, the Court will hear Burger King's stay application.

When the matter was taken up today, counsel for Burger King told the Court that there was an injunction order by the trial court in the company's favour since January 28, 2012. Counsel for the Pune-based burger joint submitted that it has already started using the trademark 'Burger King' pursuant to the July 16 decision.

After perusing the order of injunction, the Court was of the view that there has to be a hearing on the plea for stay. When the counsel for the Pune-based burger joint objected to the maintainability of the appeal preferred by the US corporation, the Court said,

"...if you don't agree to the appeal, we can give a date. Meanwhile the ad interim relief may continue (in favor of the appellant)," the Court orally remarked while granting interim relief to the US corporation.