My views on this case is that what happened with Burger King is valid because if they infringed the copyright of the Pune namesake then they are liable to compensate. The lesson to be learn’t is that everyone must register thier trademark. If she had registered her trademark then she would have got compensation.

TRADEMARK INFRINGEMENT CASE

In this case the Pune District court dismissed a petition of the US fast food burger chain Burger King from using the trademark “Burger King”.

While giving the Judgement the Pune District Court Judge Sunil G VedPathak dismissed the counterclaim filed by the Pune based firm dating a case that is more than 13 years old.

The Plaintiff had registered its trademark under class 42 pertaining to restaurant on October 6 2006. The Judge said that considering thast the defendants had prior to this had registered there trademark, but he is of the opinion that the plaintif has no cause to seek relief of perpetual junction.

Originally what the plan was that the US firm would firsyt approach the district court against the Pune based couple Anahita and Shapoor Irani for allegedly infringing their trademark”Burger King” by using the same name and seeking the court’s intervention to control the fast food chain from infringing the trademark, passing off as well as damages.

On the other hand the Pune Eatery sought 20 Lakh Rupees as compensation for the mental agony and pain they had to go through.

before passing the order the Burger KIng Advocate argued saying that apart from enjoying the statutory rights by the palintif, this Burger King has vested a common law right by virtue of the spillover reputation. Also they said that the trademark Burger KIng earned tremendous reputation and goodwill which has spilled over to India as well. Also they arguede that the public at large is aware of the trademark “Burger King” belongs to the Plaintiff.

In the end the judge passed an order in favour of the Pune Based couple.