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 formatUnformatted Attachment Preview
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Explanation & Answer
Attached.
Running head: INTELLECTUAL PROPERTY
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Intellectual Property
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Class
Date
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INTELLECTUAL PROPERTY
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Intellectual Property
Intellectual property encompasses artistic creations protected by law. When a person
invents something, or comes up with an idea, unauthorized users do not have legal access. Most
commonly, trademarks, copyrights, patents, and trade secrets, are protected intellectual property.
In the case of Burger King of Florida, Inc. v. Hoots (1968), Gene and Betty Hoots sued the
Burger King chain after the company stole the trademarked name. The Hoots opened a restaurant
named Burger King in Mattoon, Illinois in 1957 and trademarked the name in the state. When the
couple learned, a large chain named Burger King was moving its restaurants into Illinois, they
decided to act.
When the Hoots filed suit against Burger King, Inc., the company counter sued in federal
court. The Hoots registered under the Illinois Trade Mark Act while Burger King...