This article relies largely or entirely upon a single source. Please help improve this article by introducing appropriate citations of additional sources.

Mattoon's Burger King in September 2007

Burger King is a restaurant owned by the Hoots family in Mattoon, Illinois. The restaurant is the original Burger King, and is not related to the fast food chain Burger King; the 1968 court case between this restaurant and the larger Burger King is a well-known case in United States trademark law. Image File history File links Question_book-3. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... For other uses, see Restaurant (disambiguation). ... Mattoon is a city in Coles County, Illinois, United States. ... Fast food is food prepared and served quickly at a fast-food restaurant or shop at low cost. ... Burger King (NYSE: BKC), often abbreviated to BK, is a global chain of hamburger fast food restaurants. ... Year 1968 (MCMLXVIII) was a leap year starting on Monday (link will display full calendar) of the Gregorian calendar. ... Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition. ...

Origin

Mattoon residents Gene and Betty Hoots bought the successful Frigid Queen ice cream shop from Gene's uncle, Bill Paullin, in 1952.^[1] In 1954,^{[citation needed]} Gene expanded the business, adding hamburgers, french fries and other items to the menu. In 1957,^[2] they fixed up a two-car parking garage behind the Frigid Queen, adding a grill and a counter for customers.^[1] When it came time to give the new business behind the Frigid Queen a name, Betty said that a queen needs a king, and chose the name Burger King.^[1] Year 1952 (MCMLII) was a leap year starting on Tuesday (link will display full calendar) of the Gregorian calendar. ... Year 1954 (MCMLIV) was a common year starting on Friday (link will display full calendar) of the Gregorian calendar. ... Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ...

In 1959, after prompting by his uncle, Gene registered the name "Burger King" as a state trademark in Illinois, and the Hootses were official owners and operators of the only "Burger King" restaurant in Illinois at the time.^[1] Year 1959 (MCMLIX) was a common year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... State law, in the United States, is the law of each separate U.S. state, as passed by the state legislature and signed into law by the state governor. ... “(TM)” redirects here. ... Official language(s) English[1] Capital Springfield Largest city Chicago Largest metro area Chicago Metropolitan Area Area  Ranked 25th  - Total 57,918 sq mi (140,998 km²)  - Width 210 miles (340 km)  - Length 390 miles (629 km)  - % water 4. ...

Name dispute

Things went smoothly for the business until the Hootses learned of the Burger King in Florida and that company's plans for Illinois. The Hootses and their lawyer thought their state trademark gave them exclusive rights to the "Burger King" name all over the state. However, the Florida chain opened its first Illinois restaurant in Skokie in 1961, and by 1967, the chain had 50 restaurants in Illinois, and the Hootses felt they needed to take action.^[1] Burger King (NYSE: BKC), often abbreviated to BK, is a global chain of hamburger fast food restaurants. ... This article is about the U.S. State of Florida. ... For the film of the same name, see Skokie (Movie). ... Year 1961 (MCMLXI) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Year 1967 (MCMLXVII) was a common year starting on Sunday (link will display full calendar) of the 1967 Gregorian calendar. ...

The Hootses filed suit in state court, and the Florida company responded with a federal suit: Burger King of Florida, Inc. v. Hoots (1968).^[2] The Hootses had attorney Harlan Heller of Mattoon whilst the president of the Burger King of Florida appeared with at least six lawyers, according to Betty Hoots.^[1] The case went to the federal 7th Circuit Court of Appeals, whose decision still stands as an important interpretation of the Lanham Act. The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts: Central District of Illinois Northern District of Illinois Southern District of Illinois Northern District of Indiana Southern District of Indiana Eastern District of Wisconsin Western District... The Lanham (Trademark) Act (title 15, chapter 22 of the United States Code) is a piece of legislation that contains the federal statutes of trademark law in the United States. ...

The court ruled that, because of the federal trademark registration, and because the federal law indicated priority over state law,^[3] Florida's Burger King had rights to the name almost everywhere in the United States, including in Illinois, except in the Mattoon area, where the Hoots family had prior actual use. As a result of the case, the Hootses cannot use the name "Burger King" outside of the Mattoon area, and the Florida chain cannot use the name in the Mattoon area. The district court had previously decided that the Mattoon market area was a circle with a radius of 20 miles (32 km) and centered on the Hootses' restaurant.

Things have run fairly smoothly for their restaurant since. At one point Burger King Corp. offered the Hootses $10,000 for the right to operate a Burger King restaurant within the 20 mile Mattoon area, but the Hootses declined.^[1]

References