Trademark Row: Burger King in the soup

Burger King has about 13,000 outlets across the world and has had a trademark registration in India since 1979, which has been renewed by the company.

Burger King has about 13,000 outlets across the world and has had a trademark registration in India since 1979, which has been renewed by the company.

In a blow to US fast-food chain Burger King, the high court here has permitted -- through an interim order on November 26 -- Indian company Burger King Restaurant to approach the Intellectual Property Appellate Board, Chennai to strike out the trademark name ‘Burger King’ for non-use of the trademark.

Burger King could not be reached for a comment.

Before opening its first outlet in the country on November 9, the US fast food chain, Burger King Corporation, had approached the HC seeking an assurance that companies it had sued for trademark infringement will not approach lower courts for stay orders against its launch.

Burger King Corp had first approached the high court in August, asking for a permanent injunction against a number of parties in a trademark infringement suit, alleging the defendants had ‘surreptitiously’ registered a company called Burger King India (also the name of the joint venture between private equity investor Everstone Capital and Burger King Corp).

Against this, a counter claim was filed by the Indian company.

Burger King has about 13,000 outlets across the world and has had a trademark registration in India since 1979, which has been renewed by the company.

According to Burger King Restaurant, it has been in the business since 1996 and has been working on converting 'staple vegetarian vada pav and dabeli burger into a wholesome, healthy low-calorie option, while maintaining the original taste'.

Besides, it has plans to roll out street carts in malls in Ahmedabad, Pune and Mumbai.

Burger King India, the joint venture, has already announced plans to expand in Delhi and Mumbai initially. India is the 100th country for the chain. It plans to make pricing in India competitive, keeping in mind its major rival, McDonald’s.

Burger King Corp had recently entered China and Pakistan, too.

Burger King is not the only company to face the trademark challenge. US-based daily deal site Groupon had faced a similar challenge during its foray into the Indian market. Bengaluru-based ValueNet Ecommerce had been operating daily deal site Groupon.in and also had the trademark registration.

However, the US company managed to get an ex-parte ad interim injunction from the Delhi High Court, which restrained the usage of the trademark Groupon or a variation of it.

However, the defendant then initiated litigation against Groupon Inc in a district court in Bengaluru, following which the Delhi High Court initiated mediation at the Delhi High Court Mediation and Conciliation Centre.

Groupon India, the Indian arm of the global group-buying service, was finally allowed to use the brand name.