Columbia Southern University Burger King Trademark Law Case Analysis

timer Asked: Oct 21st, 2018
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Question Description

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

School: UC Berkeley

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Case Analysis Burger King

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Burger King

In the Burger King of Florida, Inv. V. Hoots the court ruled that Hoots be given limited
protection whereby within 20-mile radius Burger King would not operate a restaurant within
Mattoon establishment. This ruling shows that federal registration takes precedence over state
registration. The state registration only covers a certain geographic region just the area Hoot
were operating which was defined by 20 miles radius. Had this company taken a federal
registration such limitation would not have occurred. Hoot would have had better bargaining
power. The primary role of a trademark is authenticating and distinguishing a company or its
products from competitor’s products (Kubasek, et al. 2016). The burger king case led to the
definition of trademark law and Lanham act in the United States. In ...

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