In an interim relief to US giant Burger King in a trademark infringement suit, the Bombay High Court on Monday restrained a Pune-based eatery from using the brand name till September 6. The company moved the high court last week, challenging an order passed by a Pune court dismissing its suit alleging trademark infringement against a namesake eatery in Pune.

A division bench of Justices A S Chandurkar and Rajesh Patil on Monday said that it would first hear the company's application seeking interim injunction against the eatery on September 6.

Until then, the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name "Burger King" shall be extended, the high court said.

The fast-food company, in its suit, sought an injunction against the eatery from using the name "Burger King", as it was causing the company huge loss, damage and harm to its goodwill, business and reputation.

A Pune court had dismissed the 2011 suit filed by Burger King Corporation, noting that the city-based eatery had been operating since 1992, which was even before the US burger joint opened shop in India.

Burger King Corporation also filed an application in the high court seeking an interim injunction against the eatery owners from using the name pending the hearing and final disposal of its appeal.

The company's advocate, Hiren Kamod, on Monday submitted to the court that until their plea or application seeking an interim injunction is heard, the ad-interim order passed in 2012 by the Pune court shall be extended.

Advocate Abhijit Sarwate, appearing for the eatery owners, Anahita Irani and Shapoor Irani, submitted to the court that they have started using the name 'Burger King' online since two days.