STEAK N SHAKE CO. v. BURGER KING CORP.

No. 4:04CV525CDP.

323 F.Supp.2d 983 (2004)

The STEAK N SHAKE COMPANY, et al., Plaintiffs, v. The BURGER KING CORPORATION, et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

July 7, 2004.


Attorney(s) appearing for the Case

Ethan Horwitz, Georgia Yanchar, Ira Jay Levy, Goodwin Procter LLP, New York, NY, R. David Hosp, Goodwin Procter LLP, Boston, MA, Lawrence E. Evans, Jr., Richard H. Kuhlman, Blackwell, Sanders, Peper, Martin, LLP, St. Louis, MO, for Plaintiffs.

John E. Villafranco, Thomas E. Gilbertsen, William M. Bailey, Collier and Shannon, Washington, DC, Dutro E. Campbell, II, Gregory E. Upchurch, Husch and Eppenberger, LLC, St. Louis, MO, Harvey M. Tettlebaum, Husch and Eppenberger, LLC, Jefferson City, MO, for Defendants.


MEMORANDUM AND ORDER

PERRY, District Judge.

Steak n Shake1 seeks a preliminary injunction against defendant Burger King to prevent Burger King from using the term "steakburger." Steak n Shake asserts that it has a common-law trademark in the term. Burger King has recently introduced a new burger it calls "The Angus Steak Burger" and has sought a federal trademark on "The Great American Steakburger," both of which Steak...

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