LI Network
Published on: 21 September 2023 at 09:30 IST
In a decisive move to protect the integrity of the Burger King brand, the Delhi High Court has issued a series of directives to halt the operation of deceptive websites impersonating the popular fast-food chain.
These fraudulent websites have been luring unsuspecting individuals, promising them franchise licenses to operate Burger King outlets.
During proceedings in the case of “Burger King Corporation V. Swapnil Patil & Ors,” Justice Prathiba M Singh emphasized the urgent need for stringent measures against the misuse of domain names related to Burger King.
The court’s primary concern was to safeguard the brand’s identity and marks, particularly ‘Burger King.’
As part of the court’s directives, the National Internet Exchange of India (NIXI) has been instructed to prohibit any website registrations featuring ‘Burger king’ with domain extensions such as ‘.co.in’ or ‘.in.’
Additionally, the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY) have been mandated to issue blocking orders for these domain names and websites, with immediate effect. This directive is to be enforced by all Internet Service Providers (ISPs).
Justice Singh further underscored the need to prevent fraudulent websites from collecting money under the guise of Burger King, posing a significant threat to unsuspecting individuals. The Delhi Police has been tasked with conducting an investigation into this matter.
The Delhi High Court had previously issued an interim injunction order against certain fake websites illicitly using the ‘Burger King’ mark. In response to the evolving situation, Justice Singh extended the interim injunction to cover two additional domain names, ordering their immediate suspension.
Highlighting the financial losses incurred by individuals falling victim to these fake websites, the court shared the distressing case of a hopeful franchisee who transferred ₹2,65,000 to a fraudulent bank account linked to one such website.
In response, Justice Singh directed the Bank of Maharashtra to freeze the account and investigate how a bank account under the name ‘Burger King India Pvt Ltd’ was established without proper verification.
The Court also called upon GoDaddy.com to promptly block access to a fraudulent website operating under the name www.burgerkingind.co.in.
Representatives of the Burger King Corporation were legally represented by advocates Mukul Kochhar and Raunaq Kamath, while Additional Standing Counsel Hetu Arora Sethi represented the Delhi Police Cyber Cell. Advocates Shweta Sahu and Brijesh Ujjainwal represented GoDaddy.com.
With these stringent measures, the Delhi High Court has demonstrated its commitment to safeguarding the Burger King brand and the interests of consumers, ensuring that deceptive practices do not tarnish the reputation of reputable businesses.