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000853 Burger King Requests Dismissal Chick-fil-A Lawsuit

August 25, 2000

Atlanta - Burger King asked a federal judge to dismiss a lawsuit filed against it by rival Chick-fil-A, which claimed that the hamburger chain borrowed too heavily from its advertising.

Chick-fil-A, based in College Park, sued Burger King in U.S. District Court in Atlanta June 30 over national television and in-store advertising that featured chickens holding cards that read “Save the Chickens: Eat a Whopper.”

That campaign ended July 9.

The lawsuit claims that the commercials too closely resembled Chick-fil-A's popular ads featuring cows that urge consumers to “Eat Mor Chikin.” Those ads have been part of the company's marketing since 1995.

The suit, which seeks unspecified damages, accuses Miami-based Burger King of violating Chick-fil-A's trademark and copyright rights.

Burger King attorney Marlene Gordon said Chick-fil-A's suit was “legally insufficient” in its claims. Chick-fil-A officials did not immediately return calls seeking comment.

“Their entire case is based on an idea that they own rights to animals holding signs,” Gordon said Monday. “That's their entire case and they're saying nobody else could do that.”

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