The Delhi High Court recently passed an interim order restraining the unauthorised use of the mark ‘Burger Singh’ or any other deceptively similar mark [Tipping Mr Pink Pvt Ltd v. Dr Prabhat Ranjan]..The petitioner company has been running 'Burger Singh' joints since 2013. Under a franchise agreement executed in 2023, a Patna-based outlet (respondent) was given the licence to use the mark for 5 years. However, the respondent was found in breach of the terms given in agreement such as using expired food items, refusal to make payment of raw materials and disconnecting CCTV camera for monitoring purpose. Resultantly, Burger Singh terminated the contract in May 2025.It was submitted that despite this, the Patna outlet was still using the marks and passing off its goods under the brand of Burger Singh. .Justice Jyoti Singh observed that a prima facie case is made out for granting injunction in favour of Burger Singh. “Having heard learned counsel for the Petitioner, I am of the view that a prima facie case for grant of ex parte ad interim relief is made out by the Petitioner. It is accordingly directed that till the next date of hearing, Respondent shall not use the mark 'BURGER SINGH' or any other mark confusingly or deceptively similar thereto for its goods and services,” the Court ordered. .Further, the Court appointed a local commissioner to enter the Patna outlet and impound infringing material such as hoardings, posters, manuals, catalogues and letterheads. The commissioner shall submit his report in the next two weeks of the passing the order, it was directed. .Advocate Jayant Kumar appeared for Burger Singh.
