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Policy Dec, 06 2014

US-based fast food giant Burger King gets into trademark row

The build-up was out of the fact that Burger King had sought assurance, before entering India; from the High Court for permanent injunction against companies it had sued for trademark infringement.

By Franchise India Bureau
US-based fast food giant Burger King gets into trademark row

Within a month of entering India’s crowded fast food market, the US fast food giant Burger King has already got itself in a soup. The Delhi High Court on Saturday allowed an Indian restaurant by the name of Burger King to appeal to the Intellectual Property Appellate Board in Chennai for suspension of the trademark name ‘Burger King’.

The issue was first reported by a leading business daily, Business Standard.

The build-up was out of the fact that Burger King had sought assurance, before entering India; from the High Court for permanent injunction against companies it had sued for trademark infringement to approach lower courts for stay orders against its India launch.

The company had earlier alleged that local restaurants had ‘surreptitiously’ registered a company called Burger King India as it was also the name of the joint venture between US-based Burger King Corporation and private equity investor Everstone Capital. However as a deterrent, a counter claim was filed by the Indian company.

Started in 1996, the Indian Burger King Restaurant, 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, the restaurant is now mulling on introducing street carts in malls in Ahmedabad, Pune and Mumbai.

Currently Burger King India is just three-outlets old, one in Delhi and two in Mumbai. The company is focusing on competitive pricing strategy to further penetrate in the market, taking on its major rival, McDonald’s.

With around 13,000-outlets strong globally, Burger King has had a trademark registration in India since 1979, which has been renewed by the company.

Related: Bihar government asked to meet NFSA by December end

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