Delhi restaurant cannot use Burger King in its name: SC

livemint.com:

New Delhi: The Supreme Court on Monday dismissed a plea challenging a Delhi High Court order that prevented a family restaurant in Delhi from using the Burger King trademark. Justice Sanjeev Khanna, presiding over the bench, criticised the petitioner for misusing the law, noting that Burger King has used the trademark since 1950, a fact widely recognized.

In April of this year, the Delhi High Court ruled in favour of Burger King Corp., upholding its trademark and preventing a family restaurant in New Delhi from using it. The court directed an investigation into the ownership of the trademark held by the family restaurant.

The Delhi High Court had cited Section 124 of the Trademarks Act, 1999, and said that Burger King has used the trademark for five years without intending to abandon it. The first Burger King restaurant in India opened in 2014, and there are now over 300 in the country.

Previously, Burger King Corp. had filed a rectification suit against "Burger King New Delhi," alleging confusion among consumers and dilution of the brand's distinctiveness due to the family restaurant's use of the trademark.