AADITI JATHAR LAKADE
Posted: Friday, Apr 27, 2012 at 0326 hrs IST
Pune: A city restaurant recently moved the Bombay High Court (HC) challenging a Pune court order restraining them from using Burger King as their name, after Florida-based Burger King International filed a suit against its usage.
Additional sessions judge in Pune S S Gadge had passed the order against the city-based Burger King earlier this year.
Burger Kings appeal, filed by advocate Abhijit Saravate on behalf of the owners Shapoor and Anahita Irani, states that the interior design, menu card, uniform of workers, etc. have no similarity with that of Burger King International. While burger is a noun, king denotes the size of the burger served in this restaurant. We have quoted a Supreme Court judgment stating that such two words together cannot be trade-marked, he said.
While Burger King started in Pune in 1989 and has been using the name since 1992, Burger King International had registered its trademark in India in 1979,...
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