A recent public radio feature looking back to the 1967 fast food industry illustrates the importance of fully protecting the trademarks you use in identifying your products and services.
The story focused on a Burger King restaurant that has been located in Mattoon, Illinois, off of Interstate 57, for over 50 years. The restaurant is not affiliated with the well-known national fast food chain and, in fact, in 1967, sued the chain for trademark infringement, with some success.
When Gene and Betty Hoots chose the name "Burger King" for their restaurant in the late 1950s, their attorney sought trademark protection only in the State of Illinois. He did not file for a federal trademark registration. Ten years later, the national Burger King chain that had obtained federal trademark protection of the name sought to open several locations near Mattoon, Illinois. Gene and Betty sued Burger King. Based on their established use of the name in the Mattoon area, the court enjoined the national chain from opening any stores within a forty mile stretch from the original, independent Burger King.
How might this story have turned out differently? Had Gene and Betty sought federal trademark protection back in the 1950s, the national chain could've been prevented from using the name without acknowledging Gene and Betty's pre-existing trademark rights and obtaining rights to use the name. Without seeking federal trademark protection, the scope of your trademark rights is limited to the geographic area in which you are actually using the mark. Protecting your marks to the fullest available extent has its advantages.
To access a transcript of the public radio feature, click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
