SC Condemns Witch-Hunting, Says Superstition Continues to Override Constitutional Morality  ||  SC: Retired Judges Appointed to Central Industrial Tribunals Not Entitled to Pay Parity  ||  SC: Electricity Boards Liable for Electrocution Deaths under Strict, Not Absolute Liability  ||  Supreme Court Criticizes Courts For Conducting ‘Mini-Trials’ in Temporary Injunction Matters  ||  SC: Common Judgment in Suits by Same Plaintiff can be Challenged Through Composite Appeal  ||  Chandigarh Court Orders Meta to Take Down AI-Generated Video of Punjab MLA Sukhpal Khaira  ||  Delhi HC: Insolvency Professionals Must Collect & Deposit GST Even if they are Advocates  ||  Madras HC Rejects Election Petition Challenging Colachel MLA Tharahai Cuthbert  ||  Supreme Court: Uncrystallized Contractual Damages Not an Operational Debt under Section 9 IBC  ||  Supreme Court: Interest Accrued in Suspense Account After NPA Classification is Recoverable as Debt    

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