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Burger King Fires Legal Shot at Steak ‘n Shake

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Burger King has accused burger rival Steak ‘n Shake of trademark infringement by introducing a line of mini burgers called Steakburger Shots.

BK’’s suit was filed on March 19 in Florida Southern District Court, , the Tampa Bay Business Journal reported. On March 22, Steak ‘n Shake distributed a couponed newspaper insert promoting the Steakburger Shots line. The mini burgers, priced at 89 cents each (99 cents with cheese), are offered in five styles: A.1. Steak Sauce; Ketchup & Mustard; BBQ; Chipotle; and Frisco. A combo meal of Any 3 Shots ‘n Fries is being promoted for $3.99.

Burger King alleges that the Steakburger Shot name is too close to the BK Burger Shots and BK Breakfast Shots menu items that the Miami chain claims it has been using since February 2008, according to the paper. Burger Shots (priced at two for $1.39) and Breakfast Shots were only introduced nationally last month, however.

These two chains have seen each other in court before. In 2004, Steak ‘n Shake sued to stop Burger King from selling an “Angus Steak Burger,” claiming it was confusingly similar to Steakburger. The two companies settled that dispute out of court. But Kings have long memories, and the Steakburger Shot lawsuit may be a payback.

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