Assignment
Part 1: 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 from the CSU Online Library 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.
Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., &Barkacs, L. (2016). Dynamic business law: The essentials (3rd ed.). New York, NY: McGraw-Hill Education.
Part 2:
Answer the 2 Questions
1. In the Unit III Lesson, we stated real property or "realty" is land and everything permanently attached to it. That seems like a simple concept. Explain how the idea of mineral rights can impact you as a business person. Include information from our Unit Lesson and your personal experience.
Your response should be at least 200 words in length.
2. In the Unit III Lesson, we explored Article I, Section 8, Clause 8 of the United States Constitution. The creators of intellectual property have some protection. Explain what you view as threats to intellectual property in today's world economy. What are some examples where intellectual property is threatened? What are some protections in place to give creators of intellectual property some protection?
Your response should be at least 200 words in length.
Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., &Barkacs, L. (2016). Dynamic business law: The essentials (3rd ed.). New York, NY: McGraw-Hill Education.