Burger King, the
national franchise, is banned from opening a restaurant within 20 miles of
Mattoon, Illinois. So, there is not a Burger King there; no problem, right? Not
so fast! In the late 1950s, Gene and Betty Hoots trademarked the iconic name.
Well, they trademarked it in Illinois at least. When the national company
decided to open a chain close by, the Hoots sued and won their case. However,
the national chain was able to keep the name Burger King, but the Hoots were
also able to keep the name in accordance with the stipulation that the national
chain could not open a store within a 20- mile radius of the original store in
Mattoon, Illinois. In a minimum of 500 words, explain the reasons why this
decision was made, and discuss the significance of this case in U.S. trademark
law jurisprudence. For this assignment, please find one article from the CSU
Online Library that discusses intellectual property; elaborate on how the
article relates to the Burger King case to support your answer. Identify the main
issues with copyright and trademark in the article, and explain how these
issues were either upheld or overturned. Cite any direct quotes or paraphrased
material from the article. Use APA format.
