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According to the Times of India on the 19th, the Pune District Court in Maharashtra, India, announced a ruling to dismiss a 13-year infringement lawsuit filed by the US Burger King against a local restaurant of the same name in India. The report said that this ruling was surprising and declared that the Burger King brand belonged to this Indian restaurant.

Screenshot of the Times of India report

The US fast food chain Burger King accused the "Burger King" restaurant in Pune, India of trademark infringement, seeking a permanent injunction and demanding damages and an injunction to stop using the name. The lawsuit was filed in 2011, and the Pune District Court dismissed the lawsuit this week, ruling in favor of the local restaurant.

The court ruled that the restaurant had been operating under the name "Burger King" since 1991, long before the US chain Burger King entered the Indian market. However, the US Burger King Company was founded in 1953 and registered in the US as "Burger King" in 1959.

According to the ruling, the plaintiff's first fast food restaurant in India opened in New Delhi on November 9, 2014, after the Indian restaurant of the same name opened. The court's ruling also said that no evidence was found to support the plaintiff's claim that the defendant's store would confuse or mislead customers by using the name. In addition, the plaintiff failed to prove any actual economic loss caused by the alleged infringement. The court also said that Burger King "failed miserably" in trying to prove that the restaurant violated its trademark rights when operating.

The report said that the owner of the restaurant had previously expressed opposition to the court accepting the case, saying that the lawsuit was malicious and aimed at hitting real customers and small businesses. The owner also pointed out that apart from the name "Burger King", the plaintiff's trademark had no similarities with their restaurant.

The restaurant owners also filed a counterclaim seeking Rs 20 lakh damages from Burger King for harassment during the lengthy legal battle. However, the court also rejected their claims, finding that they had failed to provide any evidence other than oral evidence to justify their claims.

The Times of India pointed out that this ruling of the Indian court may affect future trademark dispute cases involving local Indian companies and multinational corporations.