"Supreme Court Grants Temporary Approval for Pune Eatery's Use of 'Burger King' Trademark"
On Friday, the Supreme Court stayed a recent Bombay High Court order that had prohibited a Pune-based restaurant from using the name 'Burger King' [Anahita Irani v. Burger King]. As a result, the restaurant may continue operating under the disputed name until the High Court issues a final decision on the matter. A Bench comprising Justices BV Nagarathna and Satish Chandra Sharma stated: "The impugned order shall remain stayed. However, the Bombay High Court may proceed with hearing the appeal."
3/8/20251 min read
In this dispute, a Pune-based restaurant faced legal challenges for using the "Burger King" trademark. The controversy arose when the restaurant's usage of the name was contested, prompting the Bombay High Court to issue an order restraining its use. The matter was subsequently escalated, and the Supreme Court was called upon to review the decision.
The Supreme Court undertook a detailed examination of the circumstances surrounding the case. In its analysis, the Court considered the potential consequences of enforcing the restraining order, including the possibility of irreparable harm to the restaurant’s business operations. Balancing the competing interests of protecting established trademark rights and maintaining the status quo pending a full hearing, the Court assessed whether the lower court’s decision was warranted under the principles of equity and fairness. The Justices determined that the continuity of business operations was at risk, and that a temporary suspension of the restraining order was appropriate to avoid undue disruption.
The Supreme Court granted a stay on the Bombay High Court’s restraining order, thereby allowing the Pune eatery to continue operating under the "Burger King" trademark while the appeal is pending. The Bench, comprising Justices BV Nagarathna and Satish Chandra Sharma, clarified that this decision is provisional. They emphasized that the Bombay High Court retains jurisdiction to hear the appeal and ultimately decide the merits of the trademark dispute. This temporary approval underscores the Court’s commitment to ensuring that neither party is prejudiced while the legal issues are fully examined.
The Supreme Court’s decision provides interim relief by allowing the Pune eatery to continue using the "Burger King" trademark while the appeal is pending. This provisional order reflects the Court's effort to balance the protection of trademark rights with the practical need to avoid irreparable harm to the restaurant's operations. The final resolution will be determined after the Bombay High Court completes its review of the appeal.