The Delhi High Court restrained a local food restaurant from using the trademark BURGER KING and logo of US food restaurant chain Burger King in respect of their food outlets or restaurants.
Plaintiff Burger King sued the Defendants for using the name BURGER KING as well as imitating their crescent shaped logo.
The Court said as the Defendants have not been able to show prior use of the logo and since the logos are almost identical, the Plaintiff is held to be the prior user of the logo.
Regarding the name BURGER KING, the Court said, “the manner, in which the Defendants claim coinage of the mark, by using the first letters of the names of various family members shows that the same is a completely dishonest attempt to defend something which is indefensible. The explanation for the coinage of the mark makes it clear that the Defendants are trying to adopt a process of reverse deduction to explain use of the mark Burger King. Such an explanation, if accepted, would lead to trivializing trademark rights.”
The Court also mentioned that the evidence of trans-border reputation, which is mentioned in the plaint, cannot be rejected at this stage when the trial is yet to commence.
The Court further mentioned that the manner in which the Defendants are soliciting enquiries and are wanting to give franchisees for their outlets under the name BURGER KING poses a clear and imminent threat for extreme dilution of the mark.
The Court, however, did not bar the Defendants from using the trademark/name BURGER EMPEROR.