Why Burger King Can't Use Its Name In One US Town

Walk into a Burger King anywhere in the U.S. and you'll be able to order a Whopper (or Whopper Jr.) — except in Mattoon, Illinois. The only "Burger King" there is not part of the national chain, and the fast-food giant is legally barred from using its own name within the town's limits. This quirk dates back over six decades to a landmark legal dispute that pitted the burgeoning burger empire against a local Midwestern couple who had trademarked the name first.

The first Burger King opened in Miami in 1954 — and just two years earlier, in 1952, Mattoon resident Gene Hoots had bought a soft-serve ice cream shop called Frigid Queen. He began selling burgers and fries not long after, and by 1957 was operating that part of the business as Burger King, a name he legally registered with the state. Meanwhile, the same-named chain was rapidly expanding, including into Illinois, and Gene and his wife, Betty, sued in the mid-1960s, contending it couldn't operate under that name in the state without their agreement.

A federal court judge ruled in 1968 that the chain's national trademark superseded the Hoots' state-level one, a legal principle important enough that the case is taught in law school. However, the judge also said the couple had the right to the name in their market and that the chain couldn't open a location within 20 miles of the Hoots' Mattoon restaurant unless they gave their OK and were compensated. Betty told the Illinois Times that Burger King once offered them $10,000 to open in the 20-mile zone, but they "told them to get lost." As of February 2026, the closest one is 24 miles away in Tuscola.

Gene and Betty Hoots continued to run Burger King until they retired in 2015 and sold it to businessmen in the area. It was then bought by former 25-year employee Ernie Drummond in 2017, who remains the current owner. Drummond had started at the restaurant as a line cook and eventually became general manager. He's maintaining its traditional practices, including writing orders down on slips of paper clipped to trays that are sent through for the food to be prepared.

The restaurant, which also calls itself The Original Burger King, serves smash burger-style patties made from beef it gets fresh locally every day. There are four burger and cheeseburger sizes: junior, regular, double, and triple. Its signature item is the "Hooter" — a quarter-pound patty with cheese, tomato, and lettuce — which is also available as a double or triple. Other items include pork tenderloin and fish sandwiches, grilled and crispy chicken sandwiches, and hot dogs. Among the sides are fries, crunchy onion rings, mozzarella sticks, mushrooms, and chili.

It also still serves high-butterfat, extra-creamy soft-serve ice cream, continuing from its Frigid Queen origins, including vanilla, chocolate, lemon, and flavor-of-the-week cones. There's also sundaes and shakes in different flavors, "Glaciers" with mix-ins like Oreo and M&M's, banana splits, and root beer and cola floats. The stand-alone, single-level eatery has a drive-thru and seating inside.