BBA3210 Columbia Southern Burger King Trademark Law Case Analysis

Anonymous
timer Asked: Feb 11th, 2019
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Question Description

Case Analysis

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.

Tutor Answer

Emmywriter
School: University of Virginia

Attached.

Running Head: BURGER KING CASE ANALYSIS

Burger King Case Analysis:
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BURGER KING CASE ANALYSIS

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Introduction

Trademark is a word, symbol, or phrase, that distinguishes one seller or manufacturer from
another. Trademarks try to ease the work of consumers as they try to look for the origin of a
particular product. Trademarks are governed by both state and federal law. Currently, federal law
provides the core and by far the most advanced, the source of trademark protection, although state
common law actions are still available. The most important rule about a trademark is fairness to
both parties. In our case, it involves being fair to the small entrepreneur who started the business
first and to the prominent entrepreneu...

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