Burger King is Forbidden to Exist in This Small Illinois Town

The ubiquity of Burger King leads one to believe restrictions on the fast food eatery opening up a location anywhere would be minimal. However, the titan of its industry is forbidden from existing in one small Illinois town.

This is a story I remember first reading about circa 2020, and a recent article by WGN brought it back to the forefront of my mind. This is the story of a trademark war in the late-1960s. These days, a corporation would more than surely steamroll a small, family-run operation. However, when corporations hadn't yet become ever-present entities in every corner of the country, the little guy(s) still had a fighting chance. Thankfully, this is no longer a fight. The family won and continues to win to this day.

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A Small Town "Burger King:"

In Mattoon, IL, a relatively small, roughly 16,000-person town in Coles County, IL (in which Eastern Illinois University exists) is home to what is known as "The Original Burger King." Founded in 1957 by Gene and Betty Hoots, the restaurant still exists, at 1508 Charleston Avenue.

I've never been to Mattoon's Burger King, but it's known for its classic diner vibes and its "fresh, never frozen burgers," per WGN. It was originally established as an ice cream stand in 1952, known as the Frigid Queen. That means it's the only "Burger King" that was once a "Queen." You couldn't script it better.

How Mattoon's Burger King Started:

The Burger King we all know, arguably the most dominant fast food chain second only to McDonald's, was founded in 1954 in Jacksonville, and eventually trademarked by Burger King Corporation. Burger King first arrived in Illinois in the 1960s, its inaugural store being in Skokie in 1961, per the Illinois Times.

Per the Mattoon restaurant's Facebook page, the restaurant's evolution from "Queen" to "King" was Betty Hoots' rationale that "Every Queen needs a King," and thus the "Burger King" name was born. The focus would be on burgers and French fries. Keep it simple.

Are you following? The Mattoon Burger King, established in 1957, continued to operate in the 1960s, when Burger King was rapidly expanding across Illinois. By 1967, there were around 50 Burger King chain restaurants in the state.

A Lawsuit Was Launched:

In 1968, Gene and Betty Hoots filed a lawsuit against the Burger King fast food chain, claiming their family held the trademark to the name in Illinois. In the present day, I have a hard time believing any outcome other than the Mattoon restaurant being forced to change their name would transpire.

Instead, however, the courts ruled in favor of the Hoots. Per WGN, a judge rules that Burger King Corporation held the federal trademark for the name "Burger King," the Hoots family had long-ingrained local use of the name for their restaurant.

The verdict? The court ruled that the fast food chain could not operate under that name within a 20-mile radius of Mattoon, IL. The ruling still stands today. No Burger King exists within the 20-mile stretch of Mattoon in any capacity, except, of course, the Hoots' restaurant, which is still going strong today.

Burger King Offered a Sorry Sum of Money to Try and Change That:

The Illinois Times reported that Betty Hoots received an offer from the Burger King Corporation of $10,000 for the right to operate a Burger King restaurant within that very 20-mile jurisdiction. The family declined. You'd have to add a couple zeroes for me even to consider such an offer, if I was a member of the Hoots family.

When the Mattoon eatery changed ownership in 2017, the restaurant changed its name to "The Original Burger King," which was still protected under the court ruling.

Mattoon's Burger King Remains a Landmark Case in U.S. Trademark Law:

The curious case of the Mattoon Burger King represents a significant interpretation of the Lanham Act, per WGN. The Lanham Act governs federal trademarks. This is one of the lone examples of a small, Midwest family defending their right to use a name shared by a major corporation.

Even without a location in/near Mattoon, Burger King isn't hurting. They have over 6,800 locations across the United States. As for the Original Burger King in Mattoon, IL? They're going strong. The beautiful part is they don't even have a website. They have a small menu, and they have sterling reviews online. You can follow them on Facebook.

Read more about the Original Burger King in Mattoon, IL on WGN's website.