Delhi High Court Grants Ex-Parte Ad Interim Injunction In Favour Of Burger King In Trademark Infringement Suit

[18 May 2022] The Delhi High Court has recently granted ex-parte ad interim injunction in favour of ‘BURGER KING’ in the trademark infringement suit filed by it against the defendants alleging that they were misusing, its registered trademarks and also engaging in registering infringing domain names incorporating the trademark ‘BURGER KING’ and operating fake websites without its permission and authorisation. Justice Jyoti Singh thus restrained the 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 the Plaintiff’s trademarks. “Having heard the learned counsel for the Plaintiff, this Court is of the view that Plaintiff have made out a prima facie case for grant of ex parte ad- interim injunction. Balance of convenience lies in favour of the Plaintiff and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted,” the Court observed.