In the June 17 hearing on Steak 'n Shake's motion for preliminary injunction to prevent Burger King's rollout of its new Angus Steakburger, Burger King introduced some unlikely witnesses. As this article from the STLtoday.com reports, Michael Robertson, the owner of Burger House, a mom and pop burger shop in California, testified that he's sold Steakburgers at Burger House since 1998 -- without any interference from Steak 'n Shake. Robertson's idea for selling the "Steakburger" originally came from visiting other burger places in Sedalia (unrelated to Steak 'n Shake) that used the name for their burgers. Burger King also offered evidence that Walmart sells "BBQ Steakburger Party Packs" and another company owns the website "steakburger.com." Another witness, a linguist from Duke University, testified that he found references to "Steakburger" in advertisements going back decades. According to the testimony, Steak 'n Shake is now trying to be "more diligent" in protecting its marks. The issue now appears to be whether the term Steakburger is entitled to protection or whether it's a generic term. After hearing the testimony, Judge Perry said she would rule on the injunction promptly. See earlier blog entry dated June 2, 2004.
Posted by franchiselawblog at June 18, 2004 03:09 PM