Burger King Corporation vs Ms.Anahita Irani And Anr
2024 Latest Caselaw 24767 Bom

Bombay High Court

Burger King Corporation vs Ms.Anahita Irani And Anr on 26 August, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

                   6-IA-11936-24 IN COMFA-23989-24.doc                                      Rameshwar Dilwale




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
RAMESHWAR
LAXMAN                       INTERIM APPLICATION NO.11936 OF 2024
DILWALE
                                              IN
Digitally signed         COMMERCIAL FIRST APPEAL (ST) NO.23989 OF 2024
by RAMESHWAR
LAXMAN
DILWALE
Date: 2024.08.27
17:52:43 +0530
                   Burger King Corporation                            .. Applicant/Appellant
                               Vs.
                   Ms. Anahita Irani & Anr.                           .. Respondents
                                                            ...

Adv. Hiren Kamod with Adv. Raunaq Kamath, Adv. Alhan Kayser i/by Adv. Avesh Kayser, Advocates for applicant/appellant. Mr. Abhijit Sarwate with Mr. Rahul Pardeshi, Advocates for respondent nos.1 and 2.

...

                                                         CORAM :      A.S. CHANDURKAR &
                                                                      RAJESH S. PATIL, JJ
                                                         DATE     :    26th AUGUST, 2024.
                   P.C. :

1. The applicant is aggrieved by the judgment of the trial Court

dismissing its suit that was filed against the non-applicants so as

to restrain them from infringing its trademark and also from

passing off its mark as that of the applicant. Alongwith the appeal,

an application for interim relief has been moved.

2. The learned counsel for the non-applicant has tendered copy

of the affidavit-in-reply to the interim application.

3. Before proceeding to consider the interim application, we

may note that the trial Court on 05/03/2011 passed an ad-

interim ex-parte order restraining the non-applicants from using

6-IA-11936-24 IN COMFA-23989-24.doc Rameshwar Dilwale

the trademark "Burger King". This ad-interim order was thereafter

confirmed on 20/01/2012 which operated till the time the suit

was dismissed on 16/07/2024. The non-applicant had challenged

the order dated 20/01/2012 by filing Appeal from Order No.562 of

2012. The said Appeal from Order was disposed of on 06/12/2012

by expediting the proceedings in the suit.

4. The interim application would require detailed hearing

which is not possible today due to paucity of time. Hence list the

interim application on 06/09/2024. Till that date and without

prejudice to the rights and contentions of the non-applicants, the

order dated 20/01/2012 passed below Exhibit 5 in RCS No.2 of

2011 shall continue to operate. It is clarified that the parties

would be heard on all aspects and this direction is not an

indication of any prima-facie view expressed by the Court.

5. Parties to act on authenticated copy of this order.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]