The Supreme Court of India has provided relief to the appellants, Ms. Anahita Irani and Mr. Shapoor Irani, by staying the Bombay High Court's order that had prohibited them from using the 'Burger King' trademark for their restaurant business. Irani’s, the appellants, had approached the Apex Court after the High Court stayed the Pune District Court's ruling, which was in their favour. You can access a copy of our post on the Pune District Court's order here.

Case Background

Burger King Corporation (BKC), a global fast-food giant established in 1954, operates in over 100 countries with more than 13,000 outlets. Expanding into India in 2014, BKC opened its first restaurant in Pune in 2015. BKC claiming exclusive rights over the ‘Burger King’ trademark registered in various classes, filed a lawsuit against Irani’s alleging trademark infringement and passing off.

Irani’s contested the suit, asserting that they had been operating a restaurant under the name ‘Burger King’ since 1992, much prior to BKC entering the Indian market. They argued that BKC had no established presence or goodwill in India before 2014 and, therefore, could not claim prior use of the name.

Legal Developments

  1. Pune District Court’s Judgement – In July 2024, after trial, the District Court dismissed the suit filed by BKC, ruling in favour of Irani’s and allowing them to continue using the name ‘Burger King’ for their restaurant.
  2. Bombay High Court’s Order – Aggrieved by the District Court’s decision, BKC appealed to the Bombay High Court, which admitted the appeal and granted an interim stay on the District Court’s order, preventing Irani’s from using the name until the case was heard and decided on merits.
  3. Supreme Court's Intervention – Challenging the Bombay High Court's stay order, Irani’s approached the Supreme Court. The Apex Court has now stayed the High Court's order, allowing Irani’s to continue using the name 'Burger King' until the High Court delivers a final judgment in the appeal.

Our comment

The case raises an important question regarding the adoption and use of the mark in India compared to its international adoption. In the context of medicines, the Supreme Court in Milmet Oftho Industries & Ors v Allergan Inc had ruled that it must be determined who is first in the world market.