The Delhi High Court has issued an interim injunction restraining the unauthorised use of the trademark ‘Burger Singh’ by a Patna-based outlet following the termination of its franchise agreement with the brand owner, Tipping Mr Pink Pvt Ltd.
Justice Jyoti Singh passed the order in a trademark infringement suit filed by the company, which has been operating under the 'Burger Singh' brand since 2013. The petitioner had entered into a five-year franchise agreement with the respondent in 2023, allowing the latter to operate an outlet under the brand name in Patna.
However, the company alleged several breaches of the franchise terms, including the use of expired food items, non-payment for raw materials, and disabling of CCTV cameras installed for operational monitoring. Citing these violations, the franchise was terminated in May 2025.
Despite termination, the Patna outlet allegedly continued to use the 'Burger Singh' branding, prompting the petitioner to approach the court. The company argued that such continued usage amounted to trademark infringement and passing off.
Finding merit in the petitioner’s claims, Justice Singh observed:
“A prima facie case for grant of ex parte ad interim relief is made out by the Petitioner... Respondent shall not use the mark 'BURGER SINGH' or any other mark confusingly or deceptively similar thereto for its goods and services.”
In addition to the restraint order, the Court appointed a local commissioner to visit the Patna outlet and seize infringing materials, including hoardings, promotional content, manuals, and letterheads. The commissioner has been directed to submit a report within two weeks of the order.
Advocate Jayant Kumar appeared on behalf of the petitioner company.
The matter will be heard next after the commissioner’s report is filed.