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 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.
Primary Task Response: Within the Discussion Board area, write 400–600 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas.
The importance of trade continues to be a debated topic because the gains are not always quantifiable by those involved. Some would argue that due to a significant difference in wages and regulations, free trade is not always fair trade and that free trade agreements are used by companies to simply chase lower wages and fewer regulations. In the United States, this has been an ongoing debate in regard to both the North American Free Trade Agreement (NAFTA) and the normalized trade relationship with China. Take some time to read the following articles before beginning your post:
- Free Trade vs. Fair Trade
- U.S. Trade Strategy: Free Versus Fair
Based on what you have read, please address the following questions:
- Which do you feel is a better approach, free or fair trade, and why?
- Given the concept of comparative advantage, should we even be discussing free versus fair trade?
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