Latest news with #BettyHoots
Daily Mail
12-05-2025
- Business
- Daily Mail
Why Burger King is banned from one small town in Illinois
Burger King fans will be disappointed to learn they can't have it their way in a small town in Illinois. The global fast-food giant is actually banned from operating in Mattoon thanks to a legal battle that stretches back decades. Known as the 'Original Burger King,' the Illinois restaurant was founded by Gene and Betty Hoots in 1957. The national Burger King chain, founded in 1954, didn't open its first Illinois location until 1961. And by 1967, it had 50 stores in the state — including one in nearby Champaign, just 40 miles from Mattoon. The Hoots took the corporation to court in 1968, and a federal judge sided with the mom-and-pop operation. The ruling barred the fast-food giant from opening any locations within a 20-mile radius of Mattoon — a ban that still holds today. Even after a change in ownership and attempts to revise the agreement, the ban remains ironclad. At one point, Burger King reportedly offered the Hoots $10,000 to back off. Betty Hoots later told the Illinois Times they told the chain to 'get lost.' The restaurant chain's unique case has been featured in studies discussed in intellectual property rights courses in law schools. One of the institutions that discussed the case was Columbia University, where the Hoots' daughter-in-law attended. 'She was sitting in class one day, half-listening to the professor, when he said, 'Today we'll discuss Hoots v. Burger King.' That got her attention,' Betty recalled. 'Apparently our struggle became a landmark case.' The lawsuit was also a significant matter related to the Lanham Act, a US trademark law that protects trademark owners against unauthorized use. Today, the Original Burger King is still standing, and owned by Gene and Betty's longtime manager Ernie Drummond and his wife Jodi. The restaurant chain continues to be known for its 'fast, friendly service' and 'fresh, never frozen' hamburgers. Guests have given the eatery rave reviews for several years, insisting the restaurant has 'good options' with a 'great story to tell.' Mattoon currently has a population of less than 17,000, and its Burger King restaurant's case has been discussed in various law schools Burger King continues to be one of the largest fast-food chains in the world. Approximately 19,000 locations operate worldwide, and nearly 6,800 are in the US. The restaurant chain has shown no signs of slowing down, but a major franchisee filed for Chapter 11 bankruptcy protection in April. It is unclear if Burger King has put in another offer to build a location in Mattoon or anywhere within 20 miles of the town. has reached out to Burger King for comment regarding its attempt to operate a location in or around Mattoon.
Yahoo
11-05-2025
- Business
- Yahoo
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.
