The Supreme Court on Friday stayed a Bombay High Court order of December 2, 2024 by which it had restrained Pune based-fast food chain “Burger King” from using the trademark relating to the identical brand name “Burger King” in the dispute with the US-based “Burger King Corporation.”
A bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma stayed the impugned high court order after hearing senior advocates Abhishek Manu Singhvi and K. Parameshwar representing the Pune-based firm and advocate Aditya Verma representing the US-based company.
The bench, however, clarified that its stay on the high court judgment would not preclude the latter from dealing with the appeal filed by the US-based Burger King Corporation.
The appeal had challenged a Pune Civil Court order which had earlier ruled in favour of the Pune-based Burger King owned by Anahita Irani and others.
In this case, the US-based company had challenged the use of the “Burger King” brand name by the Pune-based company on the grounds that the firm enjoyed worldwide trademark rights for the brand name “Burger King” and the same was infringed by the latter in violation of the Trade Marks Act.