Why Burger King Is NOT Allowed In This Illinois City

Burger King, the popular fast-food giant known for its iconic Whopper, has the rights to its name across nearly the entire United States—except for one small corner of central Illinois where it's legally barred from using it.

A Family-Owned Diner With a Royal Name

In Mattoon, Illinois, a quiet town of about 16,000 residents, sits a small diner that holds a unique title—the only Burger King in the country that isn’t part of the Burger King Corporation. The restaurant, now known as the Original Burger King, has been serving up burgers since 1957, a full three years before the national chain went nationwide.

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Owned by Gene and Betty Hoots, the local spot opened next door to their ice cream stand, Frigid Queen. When choosing a name, Betty reportedly said, “Every Queen needs a King,” and thus, Burger King was born.

David vs. Goliath: A Legal Showdown

When the national Burger King chain started expanding into Illinois in the 1960s, it wasn’t long before it crept too close to Mattoon. The Hoots family, standing firm on their rights to the name within Illinois, filed a lawsuit in 1968. Though Burger King Corporation owned the federal trademark, the court ruled that the Hoots had established local trademark rights first.

As a result, the fast-food giant was banned from using the name Burger King within a 20-mile radius of Mattoon. That ruling still stands today, over five decades later.

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The Local Legend Lives On

Despite being offered $10,000 by Burger King Corporation to give up their naming rights in the region, the Hoots family declined. The Original Burger King has remained a beloved diner in town, serving up fresh, never-frozen burgers with a vintage diner feel.

Today, the restaurant operates under new ownership but still goes by the “Original Burger King” and continues to enjoy legal protection. The story has become a landmark moment in trademark law and serves as a rare example of a local business successfully going head-to-head with a corporate powerhouse—and winning.