Sunday, December 6, 2009

Mattoon - Home of Burger King



Mattoon is also known as the home to the "original" Burger King. Burger King is a restaurant owned by the Hoots family who claims it is the "original" Burger King. It 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.

The court ruled that, because of the federal trademark registration, and because the federal law indicated priority over state law, 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.

No comments:

Post a Comment