High Court of Delhi

Burger King Corporation v. Burger Place

MANU/DE/3849/2015

07.09.2015

Civil

Commercial matters to not be kept lingering in no-contest

The Delhi High Court allowed a trade mark suit in favour of international food chain, ‘Burger King’ despite the Defendant’s non-cooperation. Arising from the Defendant’s use of the name ‘Burger Place’ was employed in a mark that resembled closely Burger King’s logo. Whereas a verbal agreement was reached between the parties prior to institution of the suit, the Defendant backtracked on his promises to desist from using the allegedly similar logo. The Court noted that the case was unchallenged and Defendant had refused service of summons. Reiterating Rule 10 of Order VIII CPC, for non-filing of written statement, the commercial nature of the suit and the Defendant’s conduct, the suit was decreed in favour of Burger King Corporation.

Relevant

Kailash vs. Nankhu & Ors. MANU/SC/0264/2005
Salem Advocate Bar Association, Tamil Nadu vs. Union of India MANU/SC/0450/2005
Rule 10 Order VIII Code of Civil Procedure, 1908 Act

Tags : Trade mark summons written statement ex parte

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