 Due to a recessionary period in the United States beginning with the energy crisis in late 1979 , sales began to decline at the location and the partnership failed to pay their required franchise fees and rent service to Burger King Corporation . After attempts over the intervening months to negotiate a compromise with MacShara and Ruzewicz failed , Burger King terminated the franchise agreement and ordered the pair to vacate the property . Rudzewicz and MacShara refused to comply and continued operation of their restaurant even after they were served the notice . Burger King response was to file a lawsuit in May 1981 in the United States District Court for the Southern District of Florida claiming breach of contract and trademark infringement . Burger King sought an injunction against the pair preventing them from operating the restaurant and seeking damages because MacShara and Ruzewicz were " ... tortiously infringing its [ Burger King ] trademarks and service marks through their continued , unauthorized operation as a Burger King restaurant " . The company also sought reimbursement of all legal fees and costs associated with the filing . 
