Burger Singh argued that even after the franchise agreement was terminated, a Patna-based franchisee was still using the mark.
In the recent case of Tipping Mr. Pink Pvt Ltd v. Dr. Prabhat Ranjan, the Delhi High Court issued an interim injunction prohibiting the unapproved use of the mark "Burger Singh" or any other confusingly similar mark.
Since 2013, the petitioner company has operated 'Burger Singh' restaurants. A Patna-based outlet (respondent) was granted a five-year license to use the mark under a franchise agreement signed in 2023.
However, it was discovered that the respondent had violated the terms of the agreement by utilizing expired food, refusing to pay for raw materials, and disconnecting the CCTV camera for monitoring purposes. As a result, in May 2025, Burger Singh ended the agreement.
It was argued that the Patna location continued to use the marks and sell its products under the Burger Singh brand in spite of this.
There is a strong case to grant Burger Singh an injunction, according to Justice Jyoti Singh.
"After hearing from the Petitioner's knowledgeable counsel, I believe the Petitioner has a strong case for granting ex parte ad interim relief. Accordingly, the Court ordered that the Respondent refrain from using the mark "BURGER SINGH" or any other mark confusingly or deceptively similar to it for its goods and services until the next hearing date.
Additionally, the Court designated a municipal commissioner to visit the Patna outlet and seize anything that violated the law, including posters, hoardings, manuals, catalogs, and letterheads. It was instructed that the commissioner submit his report within two weeks of the order being passed.
On behalf of Burger Singh, advocate Jayant Kumar made an appearance.
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