Burger King Mattoon Illinois – Banned Burger King- Trade Mark Law v Culture – Sweeny Legal

Burger King Is Banned From Opening Within 20 Miles Of This Original, mum-And-Pop Burger King Sign

15 JUNE 2013 12:04 AM
Burger King Original

If this sign for Burger King looks a little off, that’s because it doesn’t belong to “Burger King,” the huge fast-food chain known for the Whopper.

This is the original Burger King, in Mattoon, Ill., which opened in 1957. Its name was registered as a trademark in Illinois a couple of years later by owners Gene and Betty Hoots.

When a national company began opening a chain of Burger Kings across the U.S., the Hootses sued — and won. But only in Illinois. The case is a famous precedent in trademark law.

The ruling prevents Burger King from opening any competing store with a 20 mile radius of the original in Mattoon.

Burger King MattoonThis search result for ‘Burger King Mattoon’ links to the wrong restaurant site.

Burger King the chain has gone to some length to ignore Burger King of Mattoon. If you do a Google search for “Burger King Mattoon,” the search results show a link that goes to Burger King the corporation’s homepage, even though it is labelled with a Google map of the Mattoon location.

The Hoots seem to have a sense of humour about their role in intellectual property jurisprudence. They sell a menu item called the Hooter Burger, a play on the family name. The better-known restaurant chain that goes by the name Hooters has chosen to ignore them.

Here’s George …

Vimeo/ Joe Buhnerkempe

And here’s Gene …

Vimeo/ Joe Buhnerkempe

And here’s the restaurant …

Please contact me at the links below if you have any issues regarding passing off or anti-competitive business behaviour.

Introducing the Virtual Solicitor Service from Sweeny Legal in Wollongong

Tomorrow’s Lawyer Today – Tracy Sweeny at Sweeny Legal and Associates

Proactive Intellectual Property Law, Commercial Law and Brand Licensing Advise in person at your business address and/or via Skype or FaceTime and save time.

There is no need to come to a law office.

SweenyLegal-Reversed Brandsworth Licensing logoSweenyLegal-Logo copy

Commitment, Integrity, Competence and Fixed Fees

Phone: 4228 1864

eFax: 4204 1684

Email: info@sweenylegal.com.au

Skype: SweenyLegal

FaceTime: info@sweenylegal.com.au

Contact Sweeny Legal 

Blog: Sweenylegal


1 Comment

Filed under Brand Power, Business Name Protection, Trade Marks Law

One response to “Burger King Mattoon Illinois – Banned Burger King- Trade Mark Law v Culture – Sweeny Legal

  1. Thnx for posting this great information. Keep up this good work. I’ll subscribe to your site also. Thanks!


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s