SC: High Courts Exercising Probate Jurisdiction Can Order Probes Into Estate Irregularities  ||  SC: High Courts Exercising Probate Jurisdiction Can Order Probes Into Estate Irregularities  ||  Supreme Court Grants Bail to Undertrial Jailed For 9 Years, Citing Violation of Article 21 Rights  ||  Supreme Court: Appellate Courts Reversing Acquittal Must Themselves Hear Convicts on Sentence  ||  SC: Party Accepting Extension of Arbitrator’s Mandate Cannot Later Challenge Award on Expiry Grounds  ||  Supreme Court: Life Sentence Can Be Modified Into a Fixed-Term Sentence in Appropriate Cases  ||  Supreme Court Upholds EC Authority to Conduct SIR of Electoral Rolls For Free & Fair Elections  ||  Supreme Court Expresses Concern over NEET-UG 2026 Cancellation, Stating NTA Has Not Learned Lessons  ||  Supreme Court: Off-Duty Anaesthetist Cannot be Held Criminally Liable For Nurse’s Procedural Error  ||  Centre To Delhi HC: Eviction of Delhi Gymkhana Club Will be Carried Out After Due Notice under Law    

Burger King Corporation v. Burger Place - (High Court of Delhi) (07 Sep 2015)

Commercial matters to not be kept lingering in no-contest

MANU/DE/3849/2015

Civil

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  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved