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BURGER KING OF FLORIDA, INC. v. HOOTS

No. 16706.

403 F.2d 904 (1968)

BURGER KING OF FLORIDA, INC., and Burger King Restaurants, Inc., Plaintiffs-Appellees, v. Gene HOOTS and Betty Hoots, d/b/a Burger King, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

November 25, 1968.

Attorney(s) appearing for the Case

Harlan Heller, Laurence W. Grabb, Mattoon, Ill., for appellants.

Louis B. Tishler, Jr., Chicago, Ill., Clyde Meachum, Danville, Ill., Theodore R. Scott, James P. Ryther, Chicago, Ill., for appellees.

Before KILEY, CUMMINGS and KERNER, Circuit Judges.

KILEY, Circuit Judge.

Defendants' appeal presents a conflict between plaintiffs' right to use the trade mark "Burger King," which plaintiffs have registered under the Federal Trade Mark Act,1 and defendants' right to use the same trade mark which defendants have registered under the Illinois Trade Mark Act.2 The district court resolved the conflict in favor of plaintiffs...

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