Burger King files trademark infringement lawsuit against Jaipur company

New Delhi: US fast-food giant Burger King LLC on Friday moved the Delhi high court against a Jaipur-based entity, Burger Farm, alleging trademark infringement.

Burger King sought the court to pass an injunction to restrain Burger Farm from using a logo it claims is strikingly similar to its own. However, a single bench led by Justice Mini Pushkarna declined the petition to pass the injunction at this stage and referred the matter to mediation for a possible settlement.

Burger King, in its trademark suit against Burger Farm, alleged that the Jaipur-based company copied its logo and attempted to imitate its business model. 

The US company said it launched its first restaurant in India in 2014, the same year Burger Farm came into existence. The American fast-food chain also stated that there is overwhelming evidence of customer confusion, including social media comments where users labeled Burger Farm as a "cheap copy" of Burger King. 

Burger Farm said it would work towards changing its logo and reaching a settlement. The company, however, contested the injunction, noting that it operates multiple outlets across India.

This case is one of several trademark disputes Burger King has faced with Indian restaurants over alleged infringement of its trademark.

Recently, Burger King lost a 13-year-long trademark battle with a Pune-based restaurant after a commercial court rejected its plea to prevent the Indian restaurant from using the "Burger King" trademark.

In December 2023, the Delhi high court recognised "Burger King" as a well-known trademark due to its long-standing use, ruling against an entity operating under the name ‘Burger King Family Restaurant’.

In August 2023, a Supreme Court bench led by Justice Sanjiv Khanna dismissed a plea by a local restaurant, noting that Burger King has used the trademark since 1950.

Founded in 1954 by James McLamore and David Edgerton, Burger King Corp operates a chain of 13,000 fast-food restaurants in more than 100 countries and territories, including more than 400 in India. The multinational company claims to have spent $960 million on promotions and advertising in India.