Delhi High Court | Blocks Fraudulent Websites Collecting Money Under ‘Burger King’ Trademark | Orders Suspension Of Domains And Freezing Of Bank Accounts
Isabella Mariam
The High Court of Delhi Single Bench of Justice Prathiba M. Singh has directed the immediate suspension of multiple domain names, email addresses, and bank accounts found to be involved in fraudulent activities using the registered trademark and logo of a global fast-food chain. The Court ordered that websites imitating the official brand identity must be blocked, domain names suspended, and connected bank accounts frozen. The directives came after the Court noted fresh complaints involving fraudulent franchise solicitations under the company’s mark. The order was passed in continuation of earlier injunctions already granted in the ongoing matter.
The dispute concerns the unauthorized and fraudulent use of the registered trademark and logo belonging to the Plaintiff. The Plaintiff alleged that unknown operators were using domain names to host fake franchise and dealership websites that imitated its brand identity. These websites were found to be soliciting franchise applications from the public while unlawfully collecting large sums of money under the pretext of granting franchises.
It was stated that the Plaintiff’s Indian master franchisee received new complaints reporting instances of fraud involving fresh domain names. The Plaintiff filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking urgent relief on grounds of trademark infringement and fraudulent misrepresentation.
The application outlined that several injunctions had already been granted by the Court in earlier hearings. These included orders dated 10th May 2022, 28th July 2022, 24th November 2022, 21st December 2022, 22nd December 2022, 6th January 2023, 1st February 2023, 20th February 2023, 19th April 2023, 27th April 2023, 21st June 2023, 21st July 2023, 15th September 2023, 4th December 2023, 16th February 2024, 15th February 2025, and 18th July 2025, each relating to similar infringing domain names.
The present application was filed in respect of three new domain names: https://burgerkingindiafranchisee.com/, https://burgerkingindiafranchise.com/, and www.bk-india.co.in. Alongside these, two email addresses—support@burgerkingindiafranchise.com and info@burgerkingindiafranchise.com—were also identified as being used for fraudulent communications. Further, three bank accounts were connected to these fraudulent activities.
Details of the first domain, https://burgerkingindiafranchisee.com/, revealed that it was registered on 14th July 2025. A Whois search showed all contact details were masked by the registrar. Printouts of the website, displaying the Plaintiff’s registered trademarks and inviting franchise applications, were annexed with the application.
The second domain, https://burgerkingindiafranchise.com/, was registered on 7th July 2025. Although previously blocked under an earlier Court order dated 3rd April 2024, the Plaintiff submitted that it had been re-registered through another registrar. This domain did not resolve to an active website at the time of the application.
The third domain, www.bk-india.co.in, was registered on 5th May 2025. The registrant was listed as Restaurant Brands Asia Limited, Maharashtra, though the Plaintiff contended that all contact details were masked by the registrar, Endurance Digital Domain Technology Private Limited. This domain also did not resolve to an active website.
The email addresses support@burgerkingindiafranchise.com and info@burgerkingindiafranchise.com were stated in the complaints received by the Plaintiff’s master franchisee. The Court was informed that the Defendants used these addresses to perpetuate fraudulent misrepresentation by giving an impression of legitimacy.
Additionally, three bank accounts were linked to these fraudulent transactions. The first, Account No. 60527949952 with the Bank of Maharashtra, was associated with a fraudulent letter of intent issued to an individual in Aligarh, Uttar Pradesh. The victim was instructed to transfer Rs. 2,65,500/- to this account. The second, Account No. 26240200000386 with the Bank of Baroda, was used in a similar fraud directed at an individual in Srikakulam, Andhra Pradesh, who was also induced to pay Rs. 2,65,500/-. The third, Account No. 172401000065412 with Indian Overseas Bank, Mumbai (Thane branch), was used in another instance where an individual was asked to make a payment of the same sum under the pretext of a franchise agreement.
The Plaintiff annexed website printouts, letters of intent, and payment invoices to substantiate the allegations.
Upon review, the Court noted errors and fraudulent indicators on the infringing websites. One such example was the misspelling of the company name as “Burger King Inida” instead of “Burger King India.” The Court recorded that such fraudulent use of marks and content was intended to deceive the public.
Counsel for Defendant Nos. 10, 16, and 20 accepted notice during the proceedings. Notices were issued to other respondents.
The Court recorded its findings upon examining the infringing websites, communications, and documentary evidence. It stated: “A perusal of the infringing website pages would show that there are several errors. For example, in the address portion it is shown as ‘Burger King Inida’ instead of ‘Burger King India’. Moreover, the website also shows that this is a completely fraudulent use of the mark, logo, website content, etc belonging to the Plaintiff.”
The Court further observed: “It is stated that the domain names https://burgerkingindiafranchise.com/ and www.bk-india.co.in presently do not appear to be active websites. However, the said domain names are stated to have been registered by the main defendants which infringe the trademark of the Plaintiff.”
With reference to the fraudulent solicitations, the Court stated: “It is also stated that through the said domain names/ websites, letters of Intent are being issued to prospective franchisees and amounts are being collected illegally. In one instance, an individual in Andhra Pradesh was asked to make payment of Rs.2,65,000/- in respect of a letter of intent. The emails sent by the Defendants in this regard have also been placed on record.”
Having examined the totality of facts, the Court noted: “The Court is convinced that such illegal use of the mark ‘BurgerKing’ and collection of amounts under the said name cannot be permitted.”
After considering the submissions and documentary evidence, the Court issued specific directions. It directed: “The domain names https://burgerkingindiafranchisee.com/, https://burgerkingindiafranchise.com/ and www.bk-india.co.in shall be suspended by the respective domain name registrar.”
It further ordered: “The email addresses support@burgerkingindiafranchise.com and info@burgerkingindiafranchise.com shall be suspended by the respective domain name registrar.”
With respect to regulatory authorities, the Court directed: “Defendant Nos. 6 and 7, i.e., Ministry of Communications and Ministry of Electronics & Information Technology, respectively, are directed to issue directions to all ISPs to block the websites available at the domain names https://burgerkingindiafranchisee.com/, https://burgerkingindiafranchise.com/ and www.bk-india.co.in and also file an affidavit of compliance within two weeks.”
Concerning banking transactions, the Court ordered: “The Bank of Maharashtra shall immediately freeze the bank account number 60527949952, the Bank of Baroda shall immediately freeze the bank account number 26240200000386, and the Indian Overseas Bank shall immediately freeze the bank account number 172401000065412 and file an affidavit of compliance confirming within one week that it has frozen the said bank account.”
The Court mandated: “Compliance of Order XXXIX Rule 3, CPC be done within one week.”
Finally, the Court listed the matter for further hearing: “List I.A. No. 15916/2025 and I.A. No. 19711/2025 before the Roster Bench on 10th October 2025.”
Advocates Representing the Parties
For the Plaintiff: Mr. Raunaq Kamath, Ms. Asavari Jain, Ms. Himani & Mr. Aakriti Jain, Advocates
For the Defendants: Mr. Rishabh Dev Mishra, Advocate; Mr. Amit Mahaliyan, Advocate; Ms. Sreeja Sengupta, Advocate
Case Title: Burger King Corporation v. Swapnil Patil & Ors.
Case Number: CS(COMM) 303/2022
Bench: Justice Prathiba M. Singh
