Lawstreet Journal

Delhi HC defends Burger King against trademark violation by third-party websites

Lawstreet Journal 23 May 2022 5:51pm

Image courtesy: Lawstreet Journal Business Delhi HC defends Burger King against trademark violation by third-party websites

In a recent ruling, the Delhi High Court has awarded an ex parte ad interim injunction in favour of 'Burger King' in the trademark infringement suit filed by it against misuse of its registered trademarks in domain names. Justice Jyoti Singh has prohibited the defendants from promoting, offering any goods or services, using or registering corporate names, domain names or pages displaying the trademarks Burger King, BK or any mark deceptively similar to it, in a single-judge bench judgement. (Burger King Corporation v. Swapnil Patil & Ors.)

In the plea, Burger King contended that since starting its business in Miami, Florida in 1954, it has become the second largest quick service restaurant hamburger Company in the world, managing and operating a worldwide chain of over 18,000 quick service restaurants serving more than 11 million customers daily in nearly 100 nations. It was argued that the Burger King trademark/name has been widely used in connection with restaurants and restaurant services since 1954, along with a distinctive logo that has evolved over time. Furthermore, it was argued that Burger King is more than just a trademark or service mark; it's a visible aspect of the company's trading style. 'Burger King' and its abbreviation, "BK" are easily recognisable by the plaintiff, its company, goods, and services.

Because of this, Burger King's reputation and goodwill have grown throughout the world, including in India, according to the plaintiff. It is well-known in India that the well-known trademarks BK, Burger King, and the logos are… Continue Reading...

Tagged: Burger King   Delhi High Court   trademark infringement   Justice Jyoti Singh   Code of Civil Procedure 1908   Order 39 Rule 3   Burger King Corporation  
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