Burger King (Mattoon, Illinois)

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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.

1 History
2 Dispute
3 Miscellanea
4 References

[edit] History

It all began when 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.'" Then, 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.

[edit] Dispute

Things went smoothly for the business until the Hootses learned of Burger King Incorporated and their plans in Illinois. The Hootses and their lawyer thought their state trademark gave them exclusive right the "Burger King" name all over Lincolnland, but by 1967, the Burger King corporation had 50 restaurants in Illinois, and the Hootses felt they needed to take action. The now famous "Hoots v. Burger King" trial was tried in federal court that same year. The Hootses had Harlan Heller of Mattoon whilst the president of Burger King appeared with a reported six lawyers. The courts ruled that Florida's Burger King could continue to use the name except in Mattoon, Illinois 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 only twenty 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 ten-thousand dollars for their business on at least one occasion, but they quickly and assertively declined.