Trademark suit: HC temporarily restrains Pune eatery from using the name ‘Burger King’
Mumbai (PTI): In an interim relief to US giant Burger King in a trademark infringement suit, the Bombay High Court on Monday restrained a Pune-based eatery from using the brand name till September 6.
The company moved the high court last week, challenging an order passed by a Pune court dismissing its suit alleging trademark infringement against a namesake eatery in Pune.
A division bench of Justices A S Chandurkar and Rajesh Patil on Monday said that it would first hear the company's application seeking interim injunction against the eatery on September 6.
Until then, the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name "Burger King" shall be extended, the high court said.
The fast-food company, in its suit, sought an injunction against the eatery from using the name "Burger King", as it was causing the company huge loss, damage and harm to its goodwill, business and reputation.
A Pune court had dismissed the 2011 suit filed by Burger King Corporation, noting that the city-based eatery had been operating since 1992, which was even before the US burger joint opened shop in India.
Burger King Corporation also filed an application in the high court seeking an interim injunction against the eatery owners from using the name pending the hearing and final disposal of its appeal.
The company's advocate, Hiren Kamod, on Monday submitted to the court that until their plea or application seeking an interim injunction is heard, the ad-interim order passed in 2012 by the Pune court shall be extended.
Advocate Abhijit Sarwate, appearing for the eatery owners, Anahita Irani and Shapoor Irani, submitted to the court that they have started using the name 'Burger King' online since two days.
"The eatery owned by the defendants (Iranis) is famous in Pune since the 1990s. In fact, the plaintiff company is usurping our goodwill in Pune. Why is a giant company like the plaintiff (Burger King Corporation) fearing us?" Sarwate argued.
Kamod submitted to the high court that the Pune court had erred in holding that the eatery was using the name 'Burger King' in India much before the US company opened its first fast food joint here.
"The plaintiff company presently has over 400 Burger King joints in India, of which six are in Pune," Kamod said.
The bench initially said it would hear the appeal for the final hearing next month, but Sarwate said the Iranis have suffered for over a decade due to the ad-interim order and hence sought an urgent hearing.
The bench then agreed to hear the company's interim application first.
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Traffic fraud: Fake 'no-entry' sticker racket busted in Delhi, mastermind among 3 held
New Delhi (PTI): Police here have busted a crime syndicate involved in traffic fraud and extortion, arresting three people including the alleged mastermind who sold fake stickers to help commercial vehicles bypass no-entry restrictions, an official said on Saturday.
The police said they dismantled a third organised syndicate linked to traffic-related frauds, with the arrest of Rinku Rana alias Bhushan, his associate Sonu Sharma and Mukesh Kumar alias Pakodi, who was also connected to another extortion syndicate.
According to the police, Rinku Rana was running a well-organised network that facilitated the movement of commercial goods vehicles during restricted hours by selling fake 'marka' or stickers for Rs 2,000 to Rs 5,000 per vehicle every month. The stickers were falsely projected as authorisation to evade traffic challans.
During raids, the police recovered Rs 31 lakh in cash, property documents worth several crores of rupees, over 500 fake stickers and six mobile phones allegedly used to operate the syndicate.
The crackdown followed a complaint filed by a traffic police officer in April this year after a commercial vehicle tried to evade checking by producing a fake sticker claiming exemption from enforcement action.
Investigation revealed that social media groups were being used to coordinate the illegal movement of vehicles and alert drivers about traffic police checkpoints, police said.
"A parallel system was being run to cheat drivers and vehicle owners while undermining traffic enforcement. On the basis of evidence, provisions related to organised crime under the BNS were invoked," a senior police officer said.
Sonu Sharma, the police said, managed social media groups through which stickers were sold and real-time alerts were circulated regarding traffic police movement. He also acted as a link between Rana and drivers operating in the field.
In a related development, Mukesh Kumar alias Pakodi, an associate of Rajkumar alias Raju Meena, who was earlier arrested under the Maharashtra Control of Organised Crime Act (MCOCA), was also apprehended.
Mukesh allegedly helped extort money from transporters and was involved in blackmailing traffic police personnel by recording enforcement actions, the police said.
Investigators alleged the syndicate led by Rajkumar deployed drivers to deliberately violate traffic rules and secretly record police officials during challans, later using manipulated videos to extort money under threat of false allegations.
The police said that in total, eight accused belonging to three different organised crime syndicates linked to traffic frauds and extortion have been arrested so far.
Further investigation is underway to trace the remaining members, conduct financial probes, and analyse digital evidence recovered during the raids, officials added.
