In a significant order protecting the intellectual property rights of global fast-food giant Burger King, the Delhi High Court has directed suspension of multiple domain names, email addresses, and blocking of fraudulent websites that were illegally collecting money under the pretext of offering Burger King franchises and dealerships in India.
Justice Prathiba M. Singh, while hearing an application filed in the long-pending trademark infringement suit Burger King Corporation v. Swapnil Patil & Ors, observed that the impugned websites and email addresses were indulging in large-scale fraud by misusing the Burger King mark, logo, and identity to deceive innocent individuals.
The plaintiff, Burger King Corporation, had first approached the Court in 2022 against several unknown defendants for running fake dealership portals and misrepresenting themselves as authorized representatives of Burger King. Despite earlier injunctions restraining such misuse, the defendants resurfaced with new domain names and fraudulent websites.
The Court noted glaring irregularities on these websites, including spelling errors such as “Burger King Inida” instead of “Burger King India,” which clearly indicated fraudulent intent. “The website also shows that this is a completely fraudulent use of the mark, logo, website content, etc., belonging to the Plaintiff,” the Court observed.
Finding merit in Burger King’s plea, the Court directed:
• Suspension of the impugned domain names and email addresses by domain registrars GoDaddy.com LLC and OVI Hosting Pvt. Ltd.
• Blocking of fraudulent websites by the Ministry of Communications and the Ministry of Electronics & Information Technology (MeitY), with instructions to Internet Service Providers (ISPs).
• Bharti Airtel Ltd. to block the cell ID being used by the defendants and furnish details such as names, addresses, phone numbers, email IDs, billing and KYC documents of those operating the fraudulent portals.
Reiterating its earlier stand, the Court remarked:
“The Court is convinced that such illegal use of the mark ‘Burger King’ and collection of amounts under the said name cannot be permitted.”
Previously, in May 2022, the Delhi High Court had already restrained several defendants from using or registering domain names, corporate identities, or online pages bearing Burger King’s trademarks BURGER KING or BK, or any deceptively similar mark. The fresh order strengthens enforcement by targeting new digital misrepresentations.
The case highlights the growing menace of cyber fraud, fake franchise scams, and misuse of well-known trademarks in India’s digital marketplace, where unsuspecting individuals are lured into paying large sums for bogus dealership opportunities.
The matter will continue to be monitored by the Court to ensure compliance with its orders and protection of Burger King’s global brand identity.
