Burger King Corporation, the plaintiff, sought protection for its ‘BURGER KING’ trademark, Crescent Logo Design, and Hamburger Refresh Design Logo. The Defendants were alleged to be operating unauthorized websites using the Burger King trademark, defrauding individuals, and illegally using the Plaintiff’s intellectual property. The Court had previously directed the Cyber Crime Division, Mumbai police to investigate these fraudulent activities. Subsequently, the Plaintiff filed applications seeking further orders to restrain the illegal use of domain names, including ‘burgerkingind.co.in’ and ‘burgerkingfranchisee.com’.
In response to the compelling circumstances, the Court issued several directions preventing Defendants from using the mark ‘BURGER KING’ and logo for fraudulent activities which are as follows:
The said Order reflects the Court’s commitment to protecting well-known trademarks being infringed by owners of rogue websites. By granting injunction and issuing directions, the Court aims to prevent further misuse of the ‘BURGER KING’ mark and safeguard the rights of the registered proprietor in the domain names.