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Burger King moves Delhi HC against King Burger

Posted By Sarthak on 08 Oct 2017

Burger King approached Delhi High Court for permanent injunction against King Burger, a restaurant in Mysore. Burger King filed a suit for permanent injunction to restrain the Mysore Restaurant from using the mark ‘King Burger’. Burger King was represented by Pravin Anand of Anand and Anand, who contended that the jurisdiction of the infringement suit should be in Delhi and not in Karnataka.

Issue before the court was, whether the suit for infringement would be filed in Delhi or in Karnataka. To which counsel for Burger King relied on Section 134 (2) of the Trade Marks Act, 1999 and Section 20 (c), of the Code of Civil Procedure, as per which the jurisdiction to file a suit for infringement and permanent injunction would be where either the Petitioner has its place of business or the cause of action partially or wholly occurred.

Hon’ble Delhi High Court vide order dated 25.08.2017, observed that as the the mark ‘Burger King’ has been registered in Delhi and that the cause of action pertains to the mark, Delhi High Court would have jurisdiction to entertain the suit for permanent injunction. With that it order summons to be served to the defendants.

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