Burger King (Mattoon, Illinois)

Burger King is a restaurant founded by the Hoots family and operated by Burger King LLC of Illinois in Mattoon, Illinois, United States; it is not related to the fast food chain Burger King. The restaurant's founders claim it is the "original" Burger King and predates the fast food chain. A 1968 court case between this restaurant and the larger Burger King chain is a well-known case in United States trademark law regarding the Lanham Act.

Mattoon residents Gene and Betty Hoots bought the successful Frigid Queen ice cream shop from Gene's uncle, Bill Paullin, in 1952. In 1954, Gene expanded the business, adding hamburgers, French fries and other items to the menu. In 1957, they fixed up a two-car parking garage behind the Frigid Queen, adding a grill and a counter for customers. When it came time to give the new business behind the Frigid Queen a name, Gene wanted to go with The Hot Dames but Betty said that a queen needs a king, and chose the name Burger King instead.

In 1959, after prompting by his uncle, Gene registered the name "Burger King" as a state trademark in Illinois, and the Hootses were official owners and operators of the only "Burger King" restaurant in Illinois at the time.

The Hoots retired in February 2015 and sold the company to a local businessman, Cory Sanders. Sanders announced he would continue to operate the restaurant but would be making several changes including a planned remodel of the interior, menu expansion and price reductions. He also said he intends to host car shows, fundraisers for local charities, and increase web and social media presence of the restaurant.

Things went smoothly for the business for several years until the Hootses learned of the Burger King in Florida and that company's plans for Illinois. The Hootses and their lawyer thought their state trademark, which was in use before the Florida chain moved into the state, gave them exclusive rights to the "Burger King" name all over the state. However, the Florida chain opened its first Illinois restaurant in Skokie in 1961; by 1967, the chain had 50 restaurants in Illinois, and the Hootses felt they needed to take action.

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