Restrained from using ‘BURGER KING’ as trademark infringement

Burger King Corporation Vs Swapnil Patil & Ors. (Delhi High Court)

Restrained the defendants from offering or advertising any goods or services, using or registering corporate names, domain names or pages bearing the trademarks BURGER KING, BK and/ or any mark deceptively similar to the Plaintiff’s trademarks.

Facts- Plaintiff, Burger King Corporation, through its Indian Franchisee was informed about the existence of the website www.burgerkingfranchises.in and that the Defendant No. 2 was duping unsuspecting members of the public into believing that he was a representative of Burger King India Limited.

It was submitted that the Defendant No.2 was also offering the opportunity to operate a café or lounge or restaurant of BURGER KING. It was averred that Defendants No. l to 3 were engaged in registering misleading domain names incorporating the Plaintiff’s BURGER KING trademarks and operating fake websites, thereupon inviting the general public to apply for BURGER KING franchise opportunities.

It was also argued that the Defendant No. l5 representing unknown entities or individuals or group of persons were engaged in registering misleading domain names incorporating the Plaintiff’s BURGER KING trademarks and operating fake websites, thereupon inviting the general public to apply for BURGER KING franchise opportunities.

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