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QUESTION

For Perfecto only B3

Case Analysis

Burger King, the national franchise, is banned from opening a restaurant within 20 miles of Mattoon, Illinois. So, there is

not a Burger King there; no problem, right? Not so fast! In the late 1950s, Gene and Betty Hoots trademarked the iconic

name. Well, they trademarked it in Illinois at least. When the national company decided to open a chain close by, the

Hoots sued and won their case. However, the national chain was able to keep the name Burger King, but the Hoots were

also able to keep the name in accordance with the stipulation that the national chain could not open a store within a 20-

mile radius of the original store in Mattoon, Illinois.

In a minimum of 500 words, explain the reasons why this decision was made, and discuss the significance of this case in

U.S. trademark law jurisprudence.

For this assignment, please find one article that discusses intellectual property; elaborate on

how the article relates to the Burger King case to support your answer. Identify the main issues with copyright and

trademark in the article, and explain how these issues were either upheld or overturned.

Cite any direct quotes or paraphrased material from the article. Use APA format. 

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