Emily Carter
Burger King is the second-largest burger chain in the world, serving millions of customers daily. The company has an extensive list of trademarks, including home of the whopper, have it your way, and where kids are king. In 1985, Burger King introduced chicken tenders, advertising them as being made from 100% chicken breast filet. To prevent competitors from copying their strategy, Burger King trademarked the term chicken tenders in 1988. This trademark caused issues in 1994 when Pilgrim's Pride introduced chicken breast tenders, leading to a lawsuit. Burger King won the case, asserting its exclusive right to the name. Despite this victory, Burger King's tenders are no longer on the menu, but the company continues to offer other chicken options.
| Characteristics | Values |
|---|---|
| Year of introduction | 1985 |
| Reason for trademarking | To prevent other chains from copying their strategy |
| Year of trademark | 1988 |
| Trademark trouble | Pilgrim's Pride introduced "chicken breast tenders" in 1994, leading Burger King to take the company to court |
| Outcome of the trial | Burger King won the case, and the jury decided that the word "chicken tender" described a product rather than a mere muscle |
| Burger King's first trademark application | Submitted for the slogan, "Home of the Whopper" |
| Year of first trademark | 1970 |
| Burger King's second trademark | "Have it your way", trademarked in 1973 |
| Burger King's third trademark | "Where kids are king", trademarked in 1974 |
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What You'll Learn
- Burger King trademarked the term chicken tenders in 1988
- Burger King's chicken tenders were made from 100% chicken breast fillet
- Burger King sued Pilgrim's Pride for trademark infringement in 1994
- Burger King has trademarked several slogans, including home of the whopper
- Burger King is the second-largest burger chain in the world
Burger King trademarked the term chicken tenders in 1988
Burger King trademarked the term "chicken tenders" in 1988. The fast-food chain introduced its chicken tenders in 1985, two years after McDonald's released the McNugget. Burger King's chicken tenders were made from 100% chicken breast filet, as opposed to ground, processed chicken meat.
To prevent other companies from copying their product and strategy, Burger King trademarked the term "chicken tenders". This move caused some controversy in 1994 when Pilgrim's Pride introduced "chicken breast tenders", leading Burger King to take legal action. Burger King won the case, as the jury decided that the word "tender" described a specific product rather than a mere muscle.
The trademarked term "chicken tenders" is just one of many trademarks held by Burger King. The company has also trademarked slogans such as "home of the whopper", "have it your way", and "drink it your way". In addition, Burger King has trademarked various menu items, such as "King Deals", which include chicken pieces, potato fries, hash browns, and burgers.
Despite no longer offering chicken tenders on their menu, Burger King continues to hold the trademark for the term. The company has a long history of protecting its trademarks and brand identity, as evidenced by its legal battle with Pilgrim's Pride. Burger King's decision to trademark "chicken tenders" highlights the importance the company places on intellectual property and brand protection.
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Burger King's chicken tenders were made from 100% chicken breast fillet
Burger King first introduced its chicken tenders in 1985, two years after McDonald's launched the McNugget. The chicken tenders were made from 100% chicken breast fillet, as advertised in Burger King's commercial. The commercial aimed to differentiate its product from the McNugget, positioning the tenders as a more "natural" option.
To prevent competitors from copying their strategy, Burger King trademarked the term "chicken tenders" in 1988. This trademark was important to the company as it aimed to protect its unique selling point of using whole chicken breast fillets in its product. By trademarking the term, Burger King established exclusive rights to use the name for their specific product.
However, this trademark caused some issues for Burger King in 1994 when Pilgrim's Pride introduced "chicken breast tenders." Burger King took the company to court, alleging copyright theft. Burger King won the case, as the jury decided that the term "chicken tender" described a specific product rather than a mere muscle. This verdict solidified Burger King's exclusive rights to use the term "chicken tenders" for their product made from 100% chicken breast fillet.
Over the years, Burger King has continued to trademark various aspects of its business, including slogans such as "Home of the Whopper," "Have It Your Way," and "Drink It Your Way." These trademarks showcase the company's focus on protecting its intellectual property and brand identity.
While Burger King's chicken tenders are no longer on the menu, the company has a history of innovating and adapting to meet customer demands. With a wide range of trademarks and a presence in thousands of restaurants worldwide, Burger King remains one of the leading fast-food chains in the industry.
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Burger King sued Pilgrim's Pride for trademark infringement in 1994
Burger King trademarked the term "chicken tenders" in 1988 to prevent other companies from stealing its idea. However, this trademark caused issues in 1994 when Pilgrim's Pride introduced "chicken breast tenders". Burger King took the latter to court, claiming "copyright theft".
In the trial, Burger King demonstrated that Pilgrim's Pride's decision to switch to tenders was influenced by Burger King's advertising campaign and the former's research highlighting the success of Burger King's Chicken Tenders. Notably, one of Pilgrim's Pride's television commercials for its Chicken Tenders was found to be strikingly similar to a Burger King commercial. After Pilgrim's Pride announced a major advertising campaign for its Chicken Tenders, Burger King's trademark counsel notified Pilgrim's Pride that Burger King held trademark rights to the term "Chicken Tenders".
Despite this, Pilgrim's Pride proceeded with its national advertising campaign for its Chicken Tenders in 1987. Burger King then filed a lawsuit, alleging trademark infringement, trademark dilution, and unfair competition. The case, known as Burger King Corporation v. Pilgrim's Pride Corporation, was heard in the United States Court of Appeals for the Eleventh Circuit in 1994. The court affirmed the district court's award of attorney fees to Burger King, amounting to $925,481.20.
Pilgrim's Pride appealed the district court's decision, arguing that the award of attorney fees was unwarranted as the case did not qualify as "exceptional" under Section 35 of the Lanham Act, 15 U.S.C. § 1117(a). However, the court affirmed the decision, concluding that the prior ruling constituted the law of the case.
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Burger King has trademarked several slogans, including home of the whopper
Burger King has trademarked several slogans, including "Home of the Whopper", which was its first trademark application. The slogan "Have it your way" was trademarked in 1973 for use in steak and fish sandwiches, burgers, and other food items. The jingle for this slogan was used for several years in the 1970s and has been modified and reused several times. "Where kids are king" was another slogan trademarked in 1974 and was often seen in Burger King advertising during the Kid's Club era in the 1990s.
In 1985, Burger King rolled out its chicken tenders with the slogan, "There's nothing like the real thing, baby". The company trademarked the term "chicken tenders" to ensure that no one else could steal its idea. Burger King has also trademarked several other things, including its logo, which features the words "Burger King" sandwiched between two pieces of bread, and the name "Burger King" in 1970.
The company has also trademarked specific deals and meals, such as the "King Deals", which are popular bundled meals offered at a low price, and "King JR", which are smaller versions of the Burger King package. These trademarks cover a range of food items, including chicken pieces, potato fries, hash browns, and burgers made of various proteins, as well as services such as takeout, restaurant services, and the preparation of food for consumption on or off the premises.
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Burger King is the second-largest burger chain in the world
Over the years, Burger King has expanded internationally, with locations in Canada, Australia, Europe, East Asia, Central and South America. Despite lagging behind McDonald's in terms of the number of international locations, Burger King has managed to become the largest chain in several countries, including Mexico and Spain.
To protect its brand and products, Burger King has trademarked various items and slogans. One notable example is its trademark on the term "chicken tenders" in 1988, shortly after introducing the product to its menu in 1985. By trademarking the term, Burger King aimed to prevent competitors from using the name, just as McDonald's had done with the term "McNugget."
However, this trademark caused some issues for Burger King when, in 1994, Pilgrim's Pride introduced "chicken breast tenders." Burger King took legal action, claiming that Pilgrim's Pride had engaged in copyright theft. This example illustrates the importance Burger King places on protecting its intellectual property, including its trademarks.
In addition to the "chicken tenders" trademark, Burger King has also trademarked various slogans, such as "home of the whopper," "have it your way," and "where kids are king." These trademarks are essential to the company's brand identity and help set it apart from its competitors in the highly competitive fast-food industry.
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Frequently asked questions
Yes, Burger King trademarked the term "chicken tenders" in 1988 to prevent other chains from copying their strategy.
Burger King trademarked the term "chicken tenders" to ensure that no one else could steal its idea. The company introduced chicken tenders in 1985, two years after McDonald's released the McNugget. Burger King's chicken tenders were made from 100% chicken breast filet instead of ground, processed chicken meat.
Yes, the trademark raised trouble for Burger King in 1994 when Pilgrim's Pride introduced "chicken breast tenders". Burger King took the company to court, claiming that Pilgrim's Pride had committed copyright theft. Burger King won the case, as the jury decided that the word "tenders" described a product rather than a mere muscle.
