The famous mythological story about David and Goliath is being put to test again.
Mumbai, November, 2014 - Multinational giant Burger King International, USA who is all set to enter the Indian market has threatened the Indian company Burger King Restaurant Pvt. Ltd., which has been in business since 1984 of legal consequences on an alleged trademark violation.
The Indian company Burger King Restaurant Pvt. Ltd. which has held the trade name of Burger King for well over 3 decades is now being legally pressured by the Burger King International USA for allegedly violating its trademark. A representative of the Indian company says “This is grossly unfair where a local company is being threatened with court cases to abandon all its current and future business plans to make way for an American fast food company that was probably aware of the Indian company’s business for the last 30 years and never objected to it till recently. Burger King International USA never wanted to setup in India because of its predominant Beef Burger offering.”
The Indian company is working hard to convert the staple vegetarian Vada Pav & Dabeli Burger into a wholesome, healthy low calorie option while maintaining the taste of the original – why then should it be asked to move aside ? Now that the Indian company has plans chalked out to put street carts in Malls in Ahmadabad, Pune & Mumbai and its being hounded by the MNC.
The trademarks act is clear in its focus – which a conflict of interest exists only if Burger King International USA actually used its trademark in India which it has never done in 35 years? Nor has it objected to the Indian company which is registered under the Companies Act 1956. The Indian company has now asked for striking out the trademark of the MNC for non use in India. The Indian company has stayed clear it will compromise with the MNC provided it is allowed to co-exist its small business.
The government’s intent for Make in India is all about generating growth and opportunities for the people of India – it was never intended to run the indigenous businesses off the road and go out of business. What we need to do is give Indian small & medium enterprises the opportunity to thrive?
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