The Burger King of Florida v. Gene and Betty Hoots of Matoon, IL. Case
The Hoots had remodeled a parking garage and turned it into a restaurant specializing in hamburgers, calling it, “Burger King." They registered Burger King with the state of Illinois as a trademark, only to learn later that Burger King was a federally registered trademark of Burger King of Florida. Unable to reach an agreement, the case went to federal court.
In a highly anticipated decision, the federal 7th Circuit Court of Appeals ruled that since Burger King of Florida had a federal registration, they had rights to the trademark anywhere in the United States except the area of Mattoon, where the Hoots had maintained previous authentic use. Therefore, the Hoots were allowed
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After plaintiffs opened a restaurant in Champaign, Illinois, defendants sued in the state court to restrain plaintiffs' use of the mark in Illinois. Plaintiffs then brought the federal suit, now before us, and the defendants counter-claimed for an injunction, charging plaintiffs with infringement of their Illinois trade mark.
The district court found that Burger King’s property right in the trademark was superior to Hoots’s because of the natural expansion of Burger King’s business throughout Illinois but that Hoots still had the right to use its trademark in the area in which it first adopted it innocently without notice of Burger King’s competing trademark. Hoots appealed.
The district court concluded, from the unchallenged findings, that plaintiffs' federal registration is prima facie evidence of the validity of the registration and ownership of the mark; that plaintiffs have both a common-law and a federal right in the mark superior to defendants' in the area of natural expansion of plaintiffs' enterprise which "logically included" all of Illinois, except where defendants had actually adopted and used the mark, innocently, i. e., without notice and in good faith; and that the defendants had adopted and continuously used the mark in the Mattoon area innocently and were entitled to protection in that
The court decided that their needed to be further proceedings for Maureen Davis under negligence and the Alabama State law of having sufficient evidence against Hardees restaurant under Flagstar who didn’t have a strong enough backing or argument to defend that fact that there
Mr. Aaron Jackson was placed under arrest and charged with illegal possession of the firearm. It was later discovered that the state of Newtown, a place located near New Setonia and where Mr. Jackson lives, had a similar statute. This statute stated the trucks defined in the New Setonia’s law is actually commercial vehicles. Mr. Jackson asked for a motion to suppress the evidence seized from the car. First, the trial court denied this motion, and Mr. Jackson pleaded guilty. Mr. Jackson appealed for a motion to suppress once again, which was denied because it was stated how Officer Raymond’s initial stop was reasonable under the New Setonia law. When Mr. Jackson made yet another appeal, the Court of Appeals decided to hear the case. Now, the question lingering is whether Officer Raymond stopping the Defendant for violating the New Setonia’s statute is
Topcat’s “My Trip with Tripper violates Woody’s right of publicity and the Lanham Act, because Topcat is using Tripper’s plaintiff’s character and likeness for Topcat’s purely commercial purposes without consent, and he is using Tripper’s trademark in ways that imply Tripper’s endorsement of Topcat’s poster. Thus, Tripper should be afforded a permanent restraining order to prevent Tripper and AND1 from selling the poster, and he should additionally be awarded the monetary damages for the losses from the inability to secure other endorsement deals and a poster agreement with Panini due to Tripper’s damages reputation that resulted from Topcat’s
Hooters’ ADR agreement states that the company has the right to change the rules and procedures at any time – even while in the midst of an arbitration proceeding – without notice. In addition, the rules require employees to disclose their cases to the company, along with a list of witnesses and a record of facts known to each witness. Hooters, meanwhile, is not required to reciprocate by disclosing the details of its defense. The United States Court of Appeals for the Fourth Circuit summed it up by stating that the Hooters rules are “so one-sided that their only
McDonald and three other Chicago residents, Adam Orlov and David and Colleen Lawson, joined forces and filed a lawsuit that became McDonald V. Chicago.(McDonald V. Chicago 1)
The underlying issues in both cases are racial discrimination. For Cheryl Boulden in the affirmative action case the issue is being “an African American woman among the good ol’ boys in Indiana.” She was recruited because of race and her permanent handicap was seen as an asset for a diversity program lacking any. Yet these qualities made her a target of racism. Susan Finn’s ethnic discrimination presents a dilemma of how to deal with a contract physician’s abusive behavior “toward Hispanics and female staff as well as patients” (Reeves, 2006, p. 79). While the issues of racial and gender discrimination is not unusual, the failure of these agencies to address multiple complaints is.
A.1. Steak Sauce is a brand of Kraft Foods with little competition in the steak sauce market. The product currently has the majority dollar and volume market shares in the steak sauce market. However, unit and volume sales have remained flat. In February of 2003, A.1. becomes aware of new competition entering the steak sauce market. Lawry’s, which is owned by Unilever, has announced an April 1 launch of its own steak sauce. Lawry’s has approached Publix and requesting the Memorial Day ad with a two-for-$5 price. Publix is requesting that A.1. match Lawry’s pricing or A.1. will lose its place in the ad.
I believe that George and Mary do have a valid case to file against the Don's fast food restaurant. There is a reason that Don’s restaurant is providing burgers and food for the high schools locality which has been contracted with the school authorities. From the results of the health department’s survey showing that the food from Don’s is causing the children to develop high cholesterol and obesity, with George and Mary’s son being one of those children. There are many legal arguments which can help in the favor of the plaintiff’s case.
I believe “Barbeque Bones” vs. “Bad to the Bones BBQ” case is significantly similar to A Corp. vs. All American Plumbing, because just like All American Plumbing, the only interaction was the website; however, “Bad to the Bones BBQ” never performed delivery services or conducted any business in Missouri. Thus, I believe motion should be
A.1 sought to introduce and launch a new poultry marinade item, and was planning to continue an aggressive marketing campaign against its competitors. However, marketing the new poultry product was a failure and A.1 had to reassess its strategies regarding the launching of new trial marinade brands. The major challenge that A.1 based however was protecting its market share, and brand integrity by counteracting though bold launch of a new steak sauce product by Lawry which was cheaper, and very similar to the A.1 product. Lawry Steak Sauce was one dollar less than A.1. Steak Sauce ($3.99 vs. $4.99), and the Lawry product were 11 ounces whereas A.1 was 10 ounces. Lawry’s product was also similar in taste, texture and packaging as the A.1 product which also presented a serious problem for A.1. Added to this was the fact that Lawry introduced its new product live on an interactive cooking show which gave the product an extra media boost. (Kerin & Peterson, 2011, 634)
As mention before, Restaurant Brands International is a merger company that contains Burger King, a coffee shop and a restaurant called Tim Hortons. Since it was a merger that occurred in 2014, there isn’t much info for the company; however, since Burger King has been almost as old as McDonalds so much of the info will come from Burger King. Burger King is practically the same as McDonalds created in 1950s yet a few years later after its competitor was born. The main difference of how it was created was that Burger King started off like a stove and that name of the stove was named Insta-Boiler.
Even though McDonald’s and Burger King are really similar, they are also really different. They both try to have good advertising but McDonald’s is, most of the time, ahead. Their food seems to have the same condiments, but again, they are far away to be the same. They appear as the two most famous fast food restaurants around the world, but each one of them has their own
The decision in the case focuses on a request by a large and powerful franchisee to eliminate the salad bar in a downtown Roy Rogers location. This decision seems
McDonalds is very focused on the standards of the legal aspects. This is the case because McDonalds has dealt with many lawsuits since the corporation has been created. For example, in the famous coffee case,
• What measures could Burger King do to dethrone McDonald’s as well as hold off the challenge of a number of other chains that were growing in size and competitive power?