FAST FOOD Mediator to hear steak case

Burger King defends its new product name, saying it uses generic terms.
ST. LOUIS (AP) -- A mediator will decide whether Burger King can call its product a steak burger -- or if competitor Steak 'n Shake Co. has exclusive rights to the term.
A federal judge Wednesday declined Steak 'n Shake's request to block Burger King's "Angus Steak Burger" on the grounds it infringed on the restaurant chain's "steakburger" trademark.
In a ruling, U.S. District Judge Catherine Perry ordered the two chains to meet with a mediator by September to resolve the dispute.
David Milne, Steak 'n Shake's general counsel, said the company might appeal the decision. Officials from Burger King did not return a phone message seeking comment.
Trademark
Steak 'n Shake's own burgers aren't really steak. Still, the Indianapolis-based company has for more than 70 years used the steak reference in its slogan -- "Famous for Steakburgers" -- and advertisements.
In December, Steak 'n Shake president Peter Dunn sent a letter to Burger King president Bob Nilsen asking that Burger King not infringe on the "steakburger" trademark.
When that failed to derail the "Angus Steak Burger," Steak 'n Shake went to court, filing a lawsuit in May, days after the sandwiches made their debut.
Miami-based Burger King countered that steak and burger are generic terms.
Steak 'n Shake filed the case in St. Louis because its research found that 73 percent of local residents made a strong connection between steak burger and the company name, Milne said. Steak 'n Shake also has filed a state law claim for dilution of trademark under Missouri law, which it found favorable to its case, he said.
Steak 'n Shake has 418 restaurants in 18 states. Burger King is the No. 2 fast-food chain after McDonald's Corp. with more than 11,000 restaurants worldwide.