Legal Opinion
Burger King of Florida, Inc., and Burger King Restaurants, Inc. v. Gene Hoots and Betty Hoots, D/B/A Burger King
Court of Appeals for the Seventh Circuit
Decided November 25, 1968No. 16706PublishedCited by 58 opinions
1Opinion of the Court
KILEY, Circuit Judge.
Defendants’ appeal presents a conflict between plaintiffs’ right to use the trade mark “Burger King,” which plaintiffs have registered under the Federal Trade Mark Act, 1 and defendants’ right to use the same trade mark which defendants have registered under the Illinois Trade Mark Act. 2 The district court resolved the conflict in favor of plaintiffs in this case of first impression in this Circuit. We affirm the judgment restraining the defendants from using the name “Burger King” in any part of Illinois except in their Mattoon, Illinois, market, and restraining…
2Cases cited8 opinions
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- John R. Thompson Co., Doing Business as and Through Its Wholly Owned Subsidiaries Holloway House, Inc. v. Mrs. Lee Holloway, Sr.Court of Appeals for the Fifth Circuit · 1966
- John Morrell & Co. v. Reliable Packing Co.Court of Appeals for the Seventh Circuit · 1961
- Philco Corporation v. Phillips Mfg. Co.Court of Appeals for the Seventh Circuit · 1943
- Hot Shoppes, Inc. v. Hot Shoppe, IncorporatedDistrict Court, M.D. North Carolina · 1962
3 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- The Vision Center, Cross v. Opticks, Inc., Will Ross, Inc. And G. D. Searle & Co., CrossCourt of Appeals for the Fifth Circuit · 1979
- Natural Footwear Ltd. v. Hart, Schaffner & MarxCourt of Appeals for the Third Circuit · 1985
- Mister Donut of America, Inc. v. Mr. Donut, Inc., Mr. Donut, Inc. v. Mister Donut of America, Inc.Court of Appeals for the Ninth Circuit · 1969
53 more not listed; retrieve them via the Exa API.