Why Burger King can't use its name – or open – in one small Midwest town
MATTOON, Ill. (KTVI) – Burger King, one of the nation's most recognized fast-food chains and home of the iconic Whopper burger, can use its name almost anywhere in the United States. That is, except in one small, specific part of central Illinois.
This rare exception stems from a long-standing trademark dispute with a small, family-run restaurant in Mattoon, Illinois, which for much of its existence has also been named 'Burger King.'
The Mattoon restaurant, known as the 'Original Burger King' in the present day, was founded in 1957 by Gene and Betty Hoots. Many decades later, it still operates at its original location at 1508 Charleston Avenue.
The Mattoon 'Burger King' has a classic diner feel and prides itself on 'fresh, never frozen' burgers. It originally opened next to the Hoots family ice cream stand, Frigid Queen, which opened in 1952.
According to the 'Original Burger King' Facebook page, when once discussing the restaurant, Betty Hoots once suggested 'Every Queen needs a King. Let's call it 'Burger King,'' envisioning a simple concept focused on burgers and fries.
Meanwhile, the Burger King fast-food chain, under a trademark of Burger King Corporation, was founded in 1954 in Jacksonville, Florida. As Burger King evolved into one of the world's largest fast food chains, the Burger King Corporation expanded to Illinois in the early 1960s.
According to a 2003 report from the Illinois Times, Burger King Corporation opened its first Illinois restaurant in Skokie, a suburb of Chicago, in 1961. Then, the chain moved closer to Mattoon, opening a restaurant in Champaign, Illinois. By 1967, there were at least 50 Burger King chain locations operating across the state.
From there, it didn't take much longer for the Mattoon 'Burger King' to take action. In 1968, the Hoots family formally filed a lawsuit against the growing Burger King fast food chain. The Hoots family claimed they first held the trademark to the 'Burger King' name in Illinois and wanted to stand their ground.
Eventually, the courts sided in favor of the Hoots family. A judge ruled that while Burger King Corporation held the federal 'Burger King' trademark, the Hoots family had established prior local use of the 'Burger King' trademark in Mattoon and the state of Illinois.
As a result, the court found that the Burger King chain could not operate under that name within a 20-mile radius of Mattoon. The ruling still stands today and bars the fast-food giant from opening a restaurant in Mattoon and many nearby communities.
Some time after the ruling, according to the Illinois Times, the Burger King Corporation once offered the Hoots family $10,000 for the right to operate a Burger King chain restaurant within the off-limits 20-mile radius. The family declined that offer.
The 'Original Burger King' restaurant changed ownership in 2017, leading to its slightly revised name, though it is still protected by the historic court ruling.
The legal battle represented a significant moment in U.S. trademark law for its interpretation of the Lanham Act, which governs federal trademarks. The unique case stands as a rare example of a local business in a small Midwest town successfully fending off a challenge from a big-name brand.
Mattoon is a community of nearly 16,000 people, located in the eastern-central part of Illinois in Coles County. It is located nearly two hours east of St. Louis and an hour south of Champaign, Illinois.
Burger King, the national chain, operates nearly 6,800 restaurants across the United States, even if landlocked out of one small patch of Illinois.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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