One TRADEMARK Error BOXED IN Burger King

Summary

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Podcast Summary: Earn Your Leisure – "One TRADEMARK Error BOXED IN Burger King"

Date: April 7, 2026
Hosts: Rashad Bilal & Troy Millings (iHeartPodcasts)
Featured Guest: Trademark Attorney (unnamed in the transcript)

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Overview

In this episode, the Earn Your Leisure team dives deep into the critical importance of trademarks for entrepreneurs, highlighting real-world pitfalls and the value of legal expertise. Through the lens of a fascinating Burger King trademark case, listeners are given a financial and legal “behind the scenes” perspective on protecting brands, avoiding costly mistakes, and building lasting business legacies.

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Key Discussion Points & Insights

1. The Foundational Importance of Trademarks

Timestamp: 03:03

• The episode opens with a compelling analogy: Would you build a house on land you don’t own? The same applies to brand names and trademarks.
  • Quote:
    • "Will you build a house on land you don't own?" (Trademark Attorney, 03:07)
    • "If we go and we just start building the house on land and we haven’t cleared the land, the owner of the land can come tear that house down. Right. It’s the same equivalent when it comes to building a business on, on a brand name and you don’t own the name." (Trademark Attorney, 03:16)
• Key message: Before investing in your business identity, ensure legal ownership of your brand name.

2. How to Search for and Secure a Trademark

Timestamp: 04:11

• Process starts at the official USPTO.gov website; beware of similar fraudulent sites.
• It's not just about identical names, but anything "confusingly similar" can be a legal risk.
  • Quote:
    • "Under the law, it's not about what's the same, but what can be deemed confusingly similar." (Trademark Attorney, 04:42)
• Examples of coexistence: "Dove Chocolate" vs "Dove Soap", "Pandora Jewelry" vs "Pandora Music"—highlighting nuances of trademark classes.
• Importance of hiring an attorney: Many entrepreneurs make mistakes trying to DIY or using impersonal online services.

3. Trademark Classes and the Dangers of Doing It Yourself

Timestamp: 05:45

• There are 45 different classes in trademark law; registering in the wrong class (or only one class) is a classic mistake.
  • Story example: "Caesar from Black Ink" lost entertainment rights to his brand due to incorrect class filings.
  • Quote:
    • "They will say, okay, my name is available. Imma file the name and they just pick a class. And now they think they own that name in its entirety." (Trademark Attorney, 05:33)
• DIY approaches and online firms often result in errors and unexpected legal battles.

4. LLC/Corporation vs Trademark

Timestamp: 07:10

• Forming an LLC or Corp protects your liability and, potentially, gives tax benefits—but does NOT confer exclusive naming rights.
  • Quote:
    • "Nowhere in the law does it say it’s going to give you exclusive ownership rights to that name." (Trademark Attorney, 07:46)
• A company in Illinois can lose their brand if someone else owns the trademark in another state.

5. State vs Federal Trademark Registration

Timestamp: 08:50

• State registration gives narrow protection—typically only within state borders.
• Federal registration is broader: In the internet era, federal protection is usually essential.
• The attorney recounts a foundational legal case:
  • A small Burger King in Illinois was boxed out by the national Burger King due to lack of federal trademark protection.
  • The local restaurant was allowed to stay open, but only within a 20-mile radius (Mattoon, IL).
• Memorable Exchange:
  • Host 1: "McDonald's."
  • Guest/Co-host: "That's my first thought."
  • Trademark Attorney: "Not McDonald's. What's the other one? ... Burger King." (11:28-11:32)
• The original, still-operating "Burger King" in Mattoon is an astounding case study in missed opportunity and legal consequence.
  • Quote:
    • "That restaurant in Mattoon, Illinois is still open as the original Burger King." (Trademark Attorney, 11:32)

6. Trademarks as Legacy and Wealth Builders

Timestamp: 12:40

• Trademarks can last and transfer for generations; examples given are Coca-Cola and Mercedes.
  • Coca-Cola (since 1893); Mercedes (since 1903)
• Quote:
  • "Trademarks are legacy builders. … Original people who created that Burger King, that was a family owned business. … It limited their legacy." (Trademark Attorney, 12:55)
• Securing a trademark is more than protecting a brand—it's about ensuring business longevity and generational wealth.

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Notable Quotes & Moments

• "Will you build a house on land you don’t own?"
  (Trademark Attorney, 03:07)
• "Under the law, it's not about what's the same, but what can be deemed confusingly similar."
  (Trademark Attorney, 04:42)
• "Nowhere in the law does it say it’s going to give you exclusive ownership rights to that name."
  (Trademark Attorney, 07:46)
• "The original Burger King, it's still going to come up today...in Mattoon, Illinois."
  (Trademark Attorney, 11:32)
• "Trademarks are legacy builders. ... It limited their legacy."
  (Trademark Attorney, 12:55)

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Key Takeaways

• Do NOT build a business on a brand name you don’t legally own.
• Search for and register trademarks carefully, considering not just what’s identical, but what’s confusingly similar.
• Always consult a trademark attorney rather than going the DIY or mass-market route.
• Forming an LLC or corporation does NOT secure exclusive use of your business name.
• Federal registration is critical in a connected, internet-driven world.
• Trademarks can create lasting, legacy wealth—but only if done right.

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Major Timestamps

• 03:07 – Analogy: Why building on “unowned land” is risky.
• 04:29 – How and where to search for trademarks.
• 05:30 – Trademark classes and risk of DIY filings.
• 07:10 – Why LLC/Corp formation does not equal trademark ownership.
• 08:50 – State vs federal registration.
• 11:32 – The boxed-in Burger King: Mattoon, Illinois story.
• 12:40 – Trademarks as multi-generational assets.

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This episode is an unmissable guide for any entrepreneur serious about protecting their brand, avoiding legal disaster, and building a legacy that lasts.

Transcript

[Trademark Attorney]

This is an iHeart podcast.

[Host 1]

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[Trademark Attorney]

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[Trademark Attorney]

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[Trademark Attorney]

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[Host 1]

owners need to trademark their business before launching their business?

[Trademark Attorney]

So I always ask people, will you build a house on land you don't own? I'm gonna ask you guys, will you build a house on land you don't own?

[Guest or Co-host]

I didn't.

[Trademark Attorney]

No. Right, right. Because it makes sense, right? You're gonna. Before we build houses in America, right. We go and we do a title search on the land and make sure no one owns the lands. There's no liens on the land or anything like that. Because if we go and we just start building the house on land and we haven't cleared the land, the owner of the land can come tear that house down. Right. It's the same equivalent when it comes to building a business on, on a brand name and you don't own the name. Right. And so being that I have been practicing this law over 10 years, I have seen where people have invested their 401k plans or took out money, you know, from their retirement to invest in product and marketing material only for it to be torn down by the rightful owner. Right? So I tell people before we build brands and we build businesses, we want to make sure we're clearing a name and we're actually owning that name. So everything that we're building on top of it is ours now.

[Guest or Co-host]

Okay. So if we got to get the name to make sure that we own it, what, where are we going to search for this? Are there specific sites? I feel like most people have no idea. They'll just type in trademark whatever Google tells them that's what we're using. It might not be the most accurate thing. So what sites are we going to to ensure that if we use this name, we can own this name?

[Trademark Attorney]

That's a great question. So what I would first start is with the USPTO.gov and make sure it says.gov and not.com. right? Because there can be some, you know, fraudulent sites and things like that. So start with the USPTO.gov and you want to start broad because you want to see does anybody own the name? But also too, this is where it's important to hire an attorney because under the law, it's not about what's the same, but what can be deemed confusingly similar. So if you go to uspto.gov and you search Starbucks, right, probably nothing will come up and you'll be like, oh, I'm good, I can go start a coffee company. Well, Starbucks is going to have a problem with that because under the law, it's not about what's the same, but what can be deemed confusingly similar. So first I would start there and then I would start with Google and then possibly social media handles as well, and then just searching domains. But it's also important that we understand the nuances of the law. Right? There's 45 different classes under trademark law. And sometimes you can have brands that coexist in the marketplace. That's why we have Dove Chocolate, Dove Soap, Mac Makeup, Mac Computer, Delta Airline, Delta Faucet, Pandora Jewelry, Pandora Music. So your name might come up, but if it's a plumbing industry and you're in the beauty industry, you may can coexist, right? But where a lot of times people fall short entrepreneurs is they will say, okay, my name is available. Imma file the name and they just pick a class. And now they think they own that name in its entirety. You know, recently I seen an interview from Caesar from Black Ink, and he talked about how he actually was surprised when he had his dog fighting issue that he was let go from a show, the show that he thought he owned because he created Black Ink and a Black Ink brand. Well, what Caesar didn't know was and he filed his own trademarks too, and he thought he had his trademarks registered, but he found him for tattooing services and I think for a pen apparel. But when he did his deal with Viacom with the reality show, they went and found the name for entertainment services. And so there's a big difference there. So it's important that you understand those nuances.

[Guest or Co-host]

And so inside that makes we shouldn't do this on our own because some people will say, I got, I can do, I can figure this out by myself. Get an attorney.

[Trademark Attorney]

Get an attorney. I have about 5,000 clients and a fourth of them either did it themselves first and then they had to come to us later, or they went to one of these Internet sourcing companies, right, thinking they're hiring someone who will guide them and lead them, but they're just really data transfer companies where they'll take your data and transfer it into the information system.

[Host 1]

So why isn't an LLC or Corporation enough to have full ownership in the business.

[Trademark Attorney]

And so that is also a great question. And the reason is, is because as business owners, I always say educated entrepreneurs, is a successful one, we have to understand the different legal vehicles and why they're here. Right. And a lot of times people think, oh, if I got an llc, I'm good, but the LLC might not even be the best entity type for you. Right. But what we need to understand is what comes with that formation of an entity. So under the law, when we file our entities, whether it's an LLC or a corporation or a partnership under the law, under our secretary of State, we're forming it within our state. But that says that by us creating that company is going to give us a legal shield to protect us, the individual owner, from any legal liability that is to arise out of our business. We also may get some tax benefits from that as well. Right. But nowhere in the law does it say it's going to give you exclusive ownership rights to. To that name. Right. So you could form your business, let's say in the state of Illinois, but if someone owns the trademark, and Illinois said you can have this business name, but if someone owns the trademark, let's say in the state of Florida, they can shut your business down in Illinois. So that's why it's important as business owners, we understand these different legal vehicles and how they work and how they're set up to protect us. The trademark is there to protect our name, our logos, our slogans. And not a lot of people know, but you can also trademark a sound as well, like you got mail.

[Guest or Co-host]

Interesting. You. So you brought up the state thing. So now it makes me wonder, obviously there's a difference between filing the trademark in the state. Can we file federally as well? So, like, talk about the nuances in that.

[Trademark Attorney]

That's a great question as well, because you can file your trademark on the state level. Right. But. But when you file it federally, you get a lot more coverage. And I always say technology is moving faster than the law. So back in the day, you used to have to prove interstate commerce in order to get federal registration. So a lot of people use the state law system to file their trademarks when. Before the Internet. Right. Because now that we have the Internet, as long as your business is a ww.com or you're on social media and, and you're offering your services or your products to anyone across the world, basically now you have interstate commerce. So with the Internet, it kind of took that away. So you want to go for the Broader coverage, most as possible because there is a case and it arise out of the state of Illinois. And it was in the 1950s where there was this restaurant, a small mom and pop restaurant. And, and they sold burger shakes and fries, right? And so then there was a Florida restaurant that adopted the same name and they sold burger shakes and fries as well. And so the Florida restaurant began to grow very fast and very rapidly. And there was supposed to be an agreement that they will never come into the state of Illinois. Well, we know money talk and bullcrap walk. And they came in the state of Illinois. Well, well, the state of Illinois restaurant filed a declaratory judgment under federal law to kick them out of the state of Illinois. And the court asked them in the state of Illinois. They were the first users, right? The, the court asked them, well, how far does your customers come to your restaurant? And this is a restaurant, it's like in Mattoon, Illinois, which is like maybe like 200 miles south of Chicago, but it's right off of major highway in Illinois. And they said, well, they come from about a 20 mile radius. And so the court said, okay, well this company cannot come within a 20 mile radius of your restaurant. But now you can't go outside a 20 mile radius of your restaurant because they have the federal registration and unfortunately federal trump state. So do you know, like box them in. They box them in. But what's the name of that company? Can you guys imagine, like what was the name of that restaurant?

[Host 1]

McDonald's.

[Guest or Co-host]

That's my first thought.

[Trademark Attorney]

Not McDonald's. What's the other one?

[Host 1]

Burger King.

[Trademark Attorney]

Burger King. Burger King. So if you Google right now, the original Burger King, it's still going to come up today and it's 2024. And that restaurant in Mattoon, Illinois is still open as the original Burger King.

[Host 1]

Oh, so explain the story again. There was another Burger King before Burger King.

[Trademark Attorney]

Exactly. In Illinois. So the big corporation, Burger King, it originated out of Florida, out of the state of Florida, but the state of Illinois, Burger King, they were the first users, but they didn't have federal registration. So that's why it's so important that we.

[Host 1]

So are they still there?

[Trademark Attorney]

They're still there to this day.

[Host 1]

It's one, it's one store, it's just

[Trademark Attorney]

one store because they can never grow outside of that 20 mile radius.

[Guest or Co-host]

But they could put like four stores inside the 20 mile. But they don't make any sense.

[Trademark Attorney]

They won't even.

[Host 1]

There's one Burger King that is not Burger King, it's a restaurant or Fast

[Trademark Attorney]

food, it's a restaurant and they sell burger shakes and fries. And it's called the original Burger King. So if you ever Google Burger King, Mattoon, Illinois, it will come up.

[Guest or Co-host]

So the. I mean, that's an incredible story, but it makes more sense to file federally or is it? Yes, I'm thinking it's more expensive as well.

[Trademark Attorney]

Well, it is, but. But sometimes the state registration is not as effective and impactive as you need it to be. Especially in a day and age where the Internet is here. Right. And see another thing, why that story is so important is because trademarks are legacy builders. Right? A trademark can outlive you. Coca Cola been registered since 1893. Mercedes since 1903. Right. And so a trademark can like so the original people who created that Burger King, that was a family owned business. So imagine what they could have did and expanded with their company. But they are now attached to this judgment out of federal court since the 1960s. So it limited their legacy. So I always tell people you want to secure your brand, not only to secure your bag, but you want to secure your brand so you can secure your legacy.

[Host 1]

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[Trademark Attorney]

This is an iHeart podcast.

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Guaranteed Human.