Burger King (Mattoon, Illinois)

Burger King is the name of a restaurant owned by the Hoots family in Mattoon, Illinois. The restaurant is not related to the fast food chain Burger King and claims to be the "original" Burger King.

History

Mattoon residents Gene and Betty Hoots bought the successful Frigid Queen ice cream shop from Gene's uncle, Bill Paullin, in 1952. In 1954, Gene expanded the business, adding hamburgers, french fries and other items to the menu. In 1957, they fixed up a two-car parking garage behind the Frigid Queen, adding a grill and a counter for customers. However, when it came time to give the new business behind the Frigid Queen a name, it was Betty who reportedly said: "A queen needs a king: Let's call the new business 'Burger King.'" In 1959, after prompting by his uncle, Gene registered the name "Burger King" as a state trademark in Illinois, making the Hootses the official owners and operators of the only "Burger King" restaurant in Illinois at the time.

Dispute

Things went smoothly for the business until the Hootses learned of the Burger King corporation and their plans for Illinois. The Hootses and their lawyer thought their state trademark gave them exclusive rights to the "Burger King" name all over the state. However, by 1967, the Burger King corporation had 50 restaurants in Illinois, and the Hootses felt they needed to take action. The now famous "Hootes v. Burger King" trial was tried in federal court that same year.

The Hootses had attorney Harlan Heller of Mattoon whilst the president of the Burger King corporation appeared with a reported six lawyers. The courts ruled that Florida's Burger King could continue to use the name except in Mattoon, and that the Hootses could not use the "Burger King" name outside of Mattoon. Furthermore, it was agreed that the Mattoon market area be considered a circle starting from the Hootses place of business and extending an exact range of 20 miles away from the center. The Hootses agreed to the terms and things have run fairly smoothly for their restaurant since.

Reportedly, the Burger King Corporation has offered the Hootses several thousand dollars for their business on at least one occasion, but they quickly and assertively (and repeatedly) declined.

References

• Appellate opinion (7th Circuit, U.S. Court of Appeals)
• "Mattoon, Illinois - The original "Burger King"". RoadsideAmerica.com. Retrieved 2006-12-10. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help)
• Jermaine, John (November 20, 2003). "The burger king and queen of Mattoon". Illinois Times. Retrieved 2006-12-10. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)

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