The Burger King Trademark Story
Don’t be Burger King—and by that we don’t mean the fast-food hamburger chain. We mean the other Burger King—the one you’ve probably never heard of. THIS Burger King in Mattoon, Illinois didn’t protect its name with a federal trademark, and the owners paid the price. But don’t worry, we’re here to make sure you don’t make the same mistake.
A Tale of Two Kings
The non-chain Burger King is a family-owned business in Mattoon. A local Mattoon couple, the Hoots, ran an ice-cream shop called Frigid Queen in the 1950s, but by 1957, they had expanded by starting a second restaurant on the same property—a burger shop they decided to call Burger King. (Frigid Queen and Burger King … nice, right?) In 1959, they trademarked the name “Burger King” in Illinois.
Meanwhile, another business, also called Burger King, opened in 1954 in Miami, Florida. (Some trace its origins back a year earlier to a business called Insta-Burger King that was founded in Jacksonville in 1953.) The Florida Burger King trademarked “Burger King” on the federal level and started opening new locations in other states, including Illinois.
The Hoots family wasn’t happy. They’d hoped their state trademark would protect them by keeping the Florida Burger King chain from operating in their home state of Illinois, but a court ruling in 1968 stated that the federal trademark trumped the state trademark. Ever since, the non-chain Burger King has been operating in Mattoon, but the owners can’t expand beyond 20 miles of the original location. The other Burger King, the national chain, cannot operate within this particular 20-mile radius … but it hasn’t really hurt them, has it?
Heed this Cautionary Tale
The best way to avoid this situation is to learn about trademark law and apply for your trademark TODAY, if you don’t already have one. A state trademark protects you in your state, but beware the Burger King story! A federal trademark is the better way to go. It offers the most protection, because, as we’ve learned, federal trademarks trump state trademarks if there’s a dispute.
You may also be aware of the risky common-law trademark, where you basically stake your claim on a name in your geographic area by using the ™ symbol. If you ever want to try to sue someone for infringing on your common-law trademark, though, it’ll cost you $$$ in litigation.
Relying on common law or even a state trademark leaves you and your business open to losing a lot. Case in point: how the Mattoon Burger King lost out on almost all of its home state. Owning your brand with a trademark is an important step in growing your business. Filing a federal trademark doesn’t have to be daunting, either!
Get yourself some trademark protection—preferably on the federal level—and you can rest easy knowing another company can’t just show up in your territory and take over. While we’re happy to say that the Mattoon Burger King is still in business today, it’s pretty clear which BK made the better legal choice.
Schedule a trademark consultation today to learn more about protecting your brand!