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Wiener King was a chain of fast food restaurants specializing in hot dogs.
History
editWiener King began as a single restaurant on Freedom Drive in Charlotte, North Carolina in 1970. Founder Ronald W. Howard, according to a Charlotte News article, "believed that hot dogs could do for Wiener King what hamburgers did for McDonalds [sic]."[1] The name was first used as a trademark in 1970 and by 1972, the company owned eleven restaurants.[2] The first franchise was sold in Florence, South Carolina in 1973.[3] By 1975 the chain had 100 restaurants either open or planned in 20 states.[2] As of July 1978, Howard still believed the chain could become one of the top fast food chains. Wiener King had 168 locations in 33 states with 45 more planned.[3] However, Howard filed for Chapter 11 bankruptcy in November 1978. As of 1982, after changes that included closing 13 company-owned locations, at least one creditor supported liquidation. It was hoped, however, the chain could make a comeback.[1] On January 31, 1983, Richard and Penelope Dennis bought the name Wiener King and the rights to 28 franchise locations for $100,000 with plans to move the headquarters to Easton, Pennsylvania.[4]
As of 2018, it was believed that the last remaining Wiener King was in Mansfield, Ohio, and even that one was about to close because the owner was having financial problems.[5]
Dispute with Weiner King
editWeiner King, which started as a single restaurant in 1962, had restaurants in New Jersey, filed in U.S. District Court to stop Wiener King from using its trademarks in New Jersey. The court ordered that Wiener King not use its trademark in New Jersey or in Pennsylvania within 40 miles of Flemington, New Jersey. Wiener King appealed to the United States Court of Appeals for the Third Circuit, which ruled that Weiner King's "zone of reputation" included only areas within 15 miles of Flemington. The court prevented Wiener King from using its marks there and in Long Beach Island, New Jersey. The case was sent to the United States Patent and Trademark Office. The Trademark Trial and Appeal Board ruled that Weiner King's zone of reputation included only the area near Flemington and that with the Long Beach Island restaurant closed, Weiner King had no rights there. Furthermore, any further expansion by Weiner King had taken place with Wiener King's knowledge. Except for New Jersey, Wiener King had the right to expand all over the United States, while Weiner King could not expand without causing confusion and damage to Wiener King. Weiner King appealed but the only change to the previous ruling was the addition of Long Beach Island to the area where Weiner King had rights. Newer Weiner King restaurants were opened too late to give Weiner King rights in those areas.[2]
References
edit- ^ a b Mildenberg, David (June 29, 1982). "Wiener King head filed false statements, judge says". The Charlotte News – via newspapers.com.
- ^ a b c "Weiner King, Inc. v. Wiener King Corp. 615 F.2d 512 (C.C.P.A. 1980)". Casetext. Retrieved October 11, 2023.
- ^ a b Lione, Louise Hickman (July 11, 1978). "Wiener King strives to be hot dog of fast food chains". Dayton Daily News. Knight News Service – via newspapers.com.
- ^ Fulwood, Sam III (February 1, 1983). "Wiener King Assets Auctioned". The Charlotte Observer – via newspapers.com.
- ^ "Owner of Wiener King fears closing, launches fundraiser". Richland Source. August 9, 2018. Retrieved October 11, 2023.
External links
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