Delhi High Court Blocks Fraudulent Websites Collecting Money Under ‘Burger King’ Trademark
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The Delhi High Court has observed that the illegal use of “Burger King” trademark or collecting money under the name of the American multinational fast food restaurant chain is not permitted.
Justice Prathiba M Singh ordered suspension of three domain names, two email addresses and directed blocking of three websites engaged in committing fraud by collecting money using Burger King’s name and mark.
The Court was dealing with a suit filed by Burger King in 2022 against various unknown Defendants for running fake franchise or dealership websites and operating domain names used for collecting money from innocent customers using Burger King mark.
A fresh application was filed by Burger King against domain names- https://burgerkingindiafranchisee.com/, https://burgerkingindiafranchise.com and www.bk-india.co.in, and the email addresses which were being used by the Defendants with connected bank accounts.
The Court noted that there were several errors in the impugned websites like in the address portion of one of the websites, it was shown as ‘Burger King Inida’ instead of ‘Burger King India’. “Moreover, the website also shows that this is a completely fraudulent use of the mark, logo, website content, etc belonging to the Plaintiff,” it said.
Issuing notice on the application, the Court said:
“The Court is convinced that such illegal use of the mark ‘BurgerKing’ and collection of amounts under the said name cannot be permitted.”
On 10 May 2022, the Court restrained several defendants from advertising, offering any goods or services, using or registering corporate names, domain names or pages bearing the trademarks BURGER KING, BK or any mark deceptively similar to Burger King’s trademarks.
The Court had directed suspension of impugned domain names and email addresses by the Domain Name Registrars, GoDaddy.comLLC and OVI Hosting Pvt. Ltd.
It directed the Ministry of Communications and Ministry of Electronics & Information Technology to issue directions to Internet Service Providers (ISPs) to block the impugned websites.
The Court also directed Bharti Airtel Limited to block the cell ID and provide details of names, address, phone numbers, email addresses, billing and payment details and KYC documents of the defendants.
Case title: Burger King Corporation vs. Swapnil Patil & Ors
