 In 1961 , with its first location in Skokie , Illinois , Burger King Corporation and its franchises began opening stores and by 1967 had over 20 locations spread throughout the state . The Hootses , claiming that their trademark gave them exclusive rights to the name in Illinois sued BK in the state , and later federal , courts under the case Burger King of Florida , Inc. v. Hoots 403 F.2d 904 ( 7th Cir . 1968 ) . The decision issued by United States District Court for the Central District of Illinois , and upheld by the United States Court of Appeals for the Seventh Circuit , stated that the BK federal trademark , applied for in 1961 and granted in 1963 , took precedence over the Hootses ' older , state trademark ; The Court granted the Hootses exclusive rights to the Burger King trademark within a circular area defined with a 20 @-@ mile ( 32 km ) radius centered on their original location . 
