American company Burger King has a big business in India, its outlets can be seen in big cities like Delhi-Mumbai as well as small cities. But such a big company has suffered a crushing defeat in a 13-year-old legal battle. This legal battle was going on over the name of the company, in which the US firm has lost to a small restaurant. Let us know what is the whole matter…
This legal battle was going on since 2011
American giant Burger King Corporation had accused a restaurant operating under the same name Burger King in Pune, Maharashtra of trademark violation. This legal battle started in the year 2011 and now after 13 years, the Pune District Court has rejected the petition of the American company. In the lawsuit filed by Burger King Corporation, allegations of trademark infringement and misappropriation of the trademark were made.
Why did Pune court dismiss the case?
Along with alleging trademark infringement, a demand was made to ban financial compensation from US Burger King. In this, the American company had also demanded a compensation of Rs 20 lakh in the case filed against Pune Burger King food joint owners Anahita Irani and Shapoor Irani. After 13 years, on August 16, Pune District Court Judge Sunil Vedpathak, while giving his order, said that Pune’s ‘Burger King’ was working even before the American burger company opened its shop in India.
US company failed to present evidence
According to PTI, the District Judge said in his order that Burger King Corp had completely failed to prove during the long hearing that Pune’s Burger King had infringed its trademark. The order further said that Burger King Corporation started providing services through its trademark Burger King outlets in India in the year 2014, while the restaurant of the same name located in Pune city has been providing services since the year 1991-92.
Burger King’s business expands to more than 100 countries
On the demand for financial compensation made in the petition, the court said that there was no evidence regarding the violation of the company’s trademark and the financial loss suffered by it, hence the company is not entitled to compensation for any loss. It is also mentioned in the order that Burger King opened its first outlets in India on 9 November 2014 in New Delhi. It is noteworthy that Burger King Corp was established in America in the year 1954 and it is doing business in more than 100 countries of the world. The first outlet of Burger King in Asia was opened in the year 1982 and now this number has increased to more than 1200.