Wiener King

Last updated

Wiener King Corp
Industry Fast food
Founded1970
FounderRonald W. Howard
Defunct1982 (1982), all locations closed
Fate Bankruptcy
SuccessorWiener Works
Headquarters
Charlotte, North Carolina
,
United States
Number of locations
176 (1978)
Area served
United States
Products Hot dogs
Wiener King
Wiener King
Restaurant information
Established1976
Owner(s)Jimmy Smardjeff
Previous owner(s)Christ Smardjeff
Food type Fast food
Street address118 Lexington Ave
City Mansfield
StateOhio
CountryUnited States
Coordinates 40°45′01″N82°31′08″W / 40.75019°N 82.51888°W / 40.75019; -82.51888
Website Facebook

Wiener King is a hot-dog company that currently operates one restaurant located in Mansfield, Ohio. Wiener King was formerly a franchise, but has since closed all but one of their restaurants. [1] The chain was founded in 1970 by Ronald W. Howard, in Charlotte, North Carolina. Wiener King was once one of the fastest growing restaurants in the United States. [2] [3] It was well known for its advertising and publicity. [4] [1] In 1975, Wiener King was sued by another chain with a similar name. [5]

Contents

History

Founding

In 1970, Ronald Howard, a former plumber from Birmingham, Alabama, formed the Wiener King franchise. Howard had moved to Charlotte in 1968 to take over a local franchise called Pasquale's Pizza. He was quickly able to grow the restaurant from 1 to 18 locations. [1] However he wanted to run a restaurant that belonged to him. [3] Howard noted that hot dogs were a very popular food, but had never been merchandised. [3]

Growth

In 1976 the chain had at least 70 locations from New York to Florida. [6] At this time, Ronald Howard owned and ran the company while his wife managed their 100-acre farm. [6] In 1977, a customer named John E. Hodge Jr. complained that the footlong hot dogs were not, in fact, 12 inches. In response, Howard lengthened the hot dogs to a full 12 inches. [7] [8] By July 1978, the company had 168 locations and a training facility in Charlotte for franchise owners and store managers. [9]

Decline and bankruptcy

In November 1978 Wiener King filed for Chapter 11 bankruptcy. It had severe cash flow issues and was unable to settle its debts. The company had rapidly expanded, and the revenue did not match the pace of growth, resulting in financial strain. Additionally, it encountered difficulties in collecting fees from franchise owners. By 1979, Wiener King's headquarters went up for sale. [1]

In 1975, the company was sued by another company using a similar name, but the Trademark Trial and Appeal Board's eventual ruling did not affect Wiener King negatively. [5]

In 1982 the presiding bankruptcy judge overseeing Wiener King's case concluded that Howard had made false statements and removed him from his position as president of the company. [10] Allegations prompted an FBI investigation into claims of tax evasion and the misappropriation of funds for sustaining the business. [10] A consultant recommended the sale of the company, expressing reservations about Howard's suitability in its management. Creditors hoped that liquidation could be avoided. [1]

In 1983 a Pennsylvania couple acquired the company through auction proceedings for $100,000 and relocated its headquarters to their hometown of Easton. They aspired to revive the Wiener King brand, but its prominence waned in the ensuing years. Several Wiener King franchises in Charlotte remained operational under different brands. [11] [12] By this time, the company had diminished to only 40 stores. Approximately $2.5 million of the company's debts were never repaid. [1]

Post-acquisition

Several Wiener King franchises opted to alter their identities due to discontent with their corporate affiliation, choosing to operate independently. For instance, in 1978, four Wiener Kings located in Greensboro rebranded themselves as "Sally's". These locations maintained the same menu. [13] Similarly, in 1987 several Wiener Kings changed their name to Wiener Works, subsequently breaking away from the parent company. Some of these locations remain open. [14] [12] Additionally, some locations became Coney Island restaurants. [15] [16] This trajectory appears to have been followed by multiple Wiener King establishments in the Fayetteville region, originally established in 1973. [1] As of 2024, many former Wiener King establishments continue to operate under their changed names. [11]

One store in Mansfield, Ohio still operates under the Wiener King name, [2] as do several hot dog carts in North Carolina. [17] The location in Mansfield still operates similarly to how it did when it first opened in 1976. [18] [19] The restaurant is owned and operated by Jimmy Smardjeff. [20] [21] In 2018, the location was at risk of closing. [22] [23]

Ronald Howard

Ronald W. Howard was born on April 26, 1941, in Alabama. He served in the US Army National Guard for 7 years. [24] He had one son, Michael. Howard died February 21, 2016, at the age of 74. [25] He had moved back to Alabama following the bankruptcy of his company. [1]

Operations

Franchising

Wiener King was a franchise, therefore most locations of the restaurant were not owned by Ron Howard himself. This, in part, is what allowed the company to grow so rapidly. As of 1976, in order to open a Wiener King location, a franchisee must have had at least $18,750 in cash to purchase a small unit, which has a total price tag of $41,750. The large unit required a cash outlay of $30,000 and had a total cost of $65,000. The Wiener King company required financing to be secured by the franchise owner. [6]

Once a prospect had applied for a Wiener King franchise, it went through corporate decision-makers and a market analysis before the franchise was granted. After everything had been finalized, the franchise was to be visited by an operations consultant as well as a quality control representative before opening. [6]

Supplies and food were not bought from Wiener King Corp. Wiener King franchisees purchased all supplies directly from purveyors on national contracts established by the company's operations department. [6]

Locations

Wiener King had locations in over half of US states, but mostly had locations in the eastern United States. The highest concentration of restaurants was in the Carolinas. [26] At one time the franchise had 174 locations. [1] One location remains open in Mansfield, Ohio. [1] The headquarters of the company was in Charlotte, North Carolina. [3]

Marketing

A footlong hot dog, one of the most popular menu items Dunkin' Donuts Park - foot long hot dog.jpg
A footlong hot dog, one of the most popular menu items

An early marketing strategy of Wiener King was making controversial advertisements. One advertisement included a Charlotte DJ, Jay Thomas, wearing nothing but a towel and holding a hot dog under his arm. In 1974 at least one TV station refused to air the commercial. [1] In 1975, the company gained attention for flying a hot air balloon that said "Wiener King" 50 feet above President Gerald Ford's visit to Freedom Park in Charlotte. [4] The company ran newspaper advertisements. [27] Their tagline was "King of Hot dogs, USA." The company handed out paper crowns to children, as does the modern restaurant Burger King. [28]

The restaurant served hot dogs, chili dogs, hamburgers, and other typical fast food menu items. [29] Most notably footlong hot dogs were served. [8] The chain also offered a quarter pound meal called the "Big Frank". [30] Currently, the Mansfield location has footlong hot dogs, sandwiches, hamburgers, and milkshakes. [31]

Name dispute

Background

In 1975, a two-chain company from New Jersey also called Weiner King (Weiner King, Inc) filed to cancel Wiener King's (Wiener King Corp) federal registrations. In 1975, Weiner King, Inc sued Wiener King Corp over the use of the name. [5] The New Jersey company had been founded in 1962, eight years prior to Howard's. Despite using the mark since its founding, Weiner King did not seek federal registration until 1975. [5] Howard's Wiener King had no prior knowledge of Weiner King's existence upon adopting the mark, but expanded its operations extensively across multiple states after learning of Weiner King's existence. [32]

The North Carolina Wiener Kings filed concurrent use applications in 1974, subsequently amending them to acknowledge Weiner King's rights in New Jersey. [5] Weiner King initiated a civil action against Howard's Wiener King in 1975, alleging trademark violations. Concurrent use proceedings were initiated by the Patent and Trademark Office, consolidated with the cancellation proceedings, and suspended pending the outcome of the civil action. [5]

The District Court granted Weiner King a preliminary injunction in 1976, restricting Howard's Wiener King's use of the mark within certain areas. It issued a permanent injunction, canceled Howard's Wiener King's registrations, and tasked the PTO with determining the parties' rights. Howard's Wiener King appealed to the Third Circuit Court of Appeals, which reversed and remanded the case in 1976. The Court of Appeals disagreed with the extent of Weiner King's trade territory and directed the PTO to resolve the concurrent use issues. The Court of Appeals ordered the PTO to consider the parties' rights in Beach Haven, New Jersey. [5]

Outcome

The case was heard at the Martin Luther King Jr. Federal Courthouse in Newark, New Jersey Martin Luther King Jr. Federal Courthouse, Newark, NJ, USA.jpg
The case was heard at the Martin Luther King Jr. Federal Courthouse in Newark, New Jersey

The Trademark Trial and Appeal Board (TTAB) enunciated several principles for issuing concurrent use registrations or resolving territorial disputes among trademark users. These principles include recognizing the right of a prior user to protection and registration of its mark and acknowledging the right of a good faith and innocent junior adopter to defend its rights within a distinct territory. [5] Emphasizing the Lanham Act's objective to provide nationwide protection for expanding businesses, the TTAB highlighted the need to balance these rights to ensure a marketplace free of confusion. In the case at hand, the TTAB noted Weiner King's localized operations over thirteen years, with limited advertising within 15 miles of Flemington, New Jersey. [5]

The TTAB observed the sporadic use and abandonment of Weiner King's Beach Haven facility, leading to a lack of rights in that area. Additionally, it deemed Weiner King's post-1975 expansions, such as the facility in Warminster, Pennsylvania, belated and lacking good faith. Conversely, Howard's Wiener King's innocent adoption of its mark, extensive expansion efforts, franchising activities, advertising expenditures, and commercial success were duly recognized. [32]

As a result the TTAB restricted Weiner King's rights to a fifteen-mile radius around Flemington, while granting Howard's Wiener King concurrent use rights nationwide, except within Weiner King's trading area. [5] Furthermore, the TTAB recommended denying Weiner King's registration applications unless amended to reflect its rights within the designated trading area. Finally, it determined that Weiner King held no rights in Beach Haven, New Jersey, due to sporadic use and abandonment. [5]

The case is sometimes cited in discussions of concurrent use registration. [33]

Related Research Articles

Subway IP LLC, trading as Subway, is an American multinational fast food restaurant franchise that specializes in submarine sandwiches (subs) and wraps. It was founded by Fred DeLuca and financed by Peter Buck in 1965 as Pete's Super Submarines in Bridgeport, Connecticut. After several name changes, it was renamed Subway in 1972, and a franchise operation began in 1974 with a second restaurant in Wallingford, Connecticut.

<span class="mw-page-title-main">Whataburger</span> American fast food restaurant chain

Whataburger is an American regional fast food restaurant chain, headquartered and based in San Antonio, Texas, that specializes in hamburgers. Founded by Harmon Dobson and Paul Burton, it opened its first restaurant in Corpus Christi, Texas in 1950. Family-owned by the Dobsons until 2019, the chain is now managed by the private equity firm BDT & MSD Partners; the Dobson family still holds a small stake.

<span class="mw-page-title-main">Hardee's</span> American-based fast-food restaurant chain

Hardee's Restaurants LLC is an American fast-food restaurant chain operated by CKE Restaurants Holdings, Inc. ("CKE") with locations primarily in the Southern and Midwestern United States. The company has evolved through several corporate ownerships since its establishment in 1960 in North Carolina.

<span class="mw-page-title-main">Howard Johnson's</span> American chain of hotels and motels

Howard Johnson by Wyndham, still commonly referred to as Howard Johnson's, is an American hotel brand with over 200 hotels in 15 countries. It was also formerly a restaurant chain, which at one time was the largest in the U.S., with more than 1,000 locations. Since 2006, all hotels and company trademarks, including those of the defunct restaurant chain, have been owned by Wyndham Hotels and Resorts.

<span class="mw-page-title-main">Sonic Drive-In</span> American fast food chain

Sonic Corporation, founded as Sonic Drive-In and more commonly known as Sonic, is an American drive-in fast-food chain owned by Inspire Brands, the parent company of Arby's, Dunkin' Donuts and Buffalo Wild Wings. Sonic, founded by Troy N. Smith, Sr., opened its first location in 1953, under the name Top Hat Drive-In. Originally a walk-up root beer stand outside a log-cabin steakhouse selling soda, hamburgers, and hotdogs, Sonic currently has 3,545 locations in the United States. Sonic is known for its use of carhops on roller skates, and hosts an annual competition to determine the top skating carhop in the company. The company's core products include the "Chili Cheese Coney", "Sonic Cheeseburger Combo", "Sonic Blasts", "Master Shakes", and "Wacky Pack Kids Meals".

<span class="mw-page-title-main">Roy Rogers Restaurants</span> American fast food restaurant chain

Roy Rogers Franchise Company, LLC is a chain of fast food restaurants primarily located in the Mid-Atlantic and Northeastern United States. The chain originated as the rebranding of the RoBee's House of Beef chain of Fort Wayne, Indiana, acquired by the Marriott Corporation in February 1968. However, Marriott first used the Roy Rogers Roast Beef name on conversions of the company's Junior Hot Shoppes in the Washington, D.C. area in April 1968, then the existing RoBee's stores. An aggressive nationwide franchising campaign was launched. At its peak, the chain included over 600 locations. The chain now has 38 locations in six states, either company owned or franchised.

<span class="mw-page-title-main">Hungry Jack's</span> Australian fast food franchise

Hungry Jack's Pty Ltd. is an Australian fast food franchise of the Burger King Corporation. It is a wholly owned subsidiary of Competitive Foods Australia, a privately held company owned by Jack Cowin. Hungry Jack's owns and operates or sub-licenses all of the Burger King/Hungry Jack's restaurants in Australia.

<span class="mw-page-title-main">Wienerschnitzel</span> American fast-food restaurant chain

Wienerschnitzel is an American fast food chain that specializes in hot dogs and other food products. The brand was founded in 1961 by former Taco Bell employee John Galardi and originally named Der Wienerschnitzel. Despite the name, the company does not ordinarily sell Wiener schnitzel, doing so once as a promotion. Wienerschnitzel locations are found predominantly in California and Texas; others are found in Arizona, Arkansas, Colorado, Idaho, Illinois, Louisiana, New Mexico, Nevada, Utah, and Washington, as well as the U.S. territory of Guam. Outside the United States of America, there are stores located in Ecuador.

<span class="mw-page-title-main">Bojangles (restaurant)</span> American regional fast food chain

Bojangles OpCo, LLC., doing business as Bojangles, is an American regional chain of fast food restaurants that specializes in Cajun-seasoned fried chicken and buttermilk biscuits and primarily serves the Southeastern United States. The company was founded in Charlotte, North Carolina in 1977 by Jack Fulk and Richard Thomas.

<span class="mw-page-title-main">Coney Island (restaurant)</span> Type of American restaurant

A Coney Island is a type of restaurant that is popular in the northern United States, particularly in Michigan, named after the Coney Island hot dog.

<span class="mw-page-title-main">Taco John's</span> American fast-food chain

Taco John's International, Inc. is an American fast food restaurant. The chain serves Mexican-inspired fast food as well as the company's signature dish, Potato Olés, which are bite-sized deep-fried potato nuggets coated with a proprietary blend of spices and seasonings. Taco John's CEO is Heather Neary, and it is headquartered in Cheyenne, Wyoming. As of 2022, the restaurant chain had 380 restaurants in about 22 states, primarily in the Midwest and Mountain regions.

<span class="mw-page-title-main">Concurrent use registration</span> Federal trademark registration of the same trademark to two or more unrelated parties

A concurrent use registration, in United States trademark law, is a federal trademark registration of the same trademark to two or more unrelated parties, with each party having a registration limited to a distinct geographic area. Such a registration is achieved by filing a concurrent use application and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO"). A concurrent use application may be filed with respect to a trademark which is already registered or otherwise in use by another party, but may be allowed to go forward based on the assertion that the existing use can co-exist with the new registration without causing consumer confusion.

<span class="mw-page-title-main">Hot dog variations</span> Ways to serve the "hot dog" style of sausage from around the world

Different areas of the world have local variations on the hot dog, in the type of meat used, the condiments added, and its means of preparation.

<span class="mw-page-title-main">Burger King (Mattoon, Illinois)</span> Independent restaurant

Burger King is a restaurant founded by the Hoots family and operated by Burger King LLC of Illinois in Mattoon, Illinois, United States; it is not related to the fast food chain Burger King. The restaurant's founders claim that it is the "original" Burger King and predates the fast food chain. A 1968 court case between this restaurant and the larger Burger King chain is a notable case in United States trademark law regarding the Lanham Act.

<span class="mw-page-title-main">A&W (Canada)</span> Canadian fast food restaurant chain

A&W is a fast-food restaurant chain in Canada, franchised by A&W Food Services of Canada, Inc.

<span class="mw-page-title-main">Stewart's Restaurants</span> Restaurant in the United States

Stewart's Restaurants are classic 1950s style fast-food restaurants located throughout the United States. Restaurants are branded as Stewart's Root Beer or Stewart's Drive-In or similar variations. Started in 1924 in Mansfield, Ohio by Frank Stewart, the chain became a franchise in 1931.

<span class="mw-page-title-main">The Wieners Circle</span> Hot dog stand in Chicago

The Wieners Circle is a hot dog stand on Clark Street in the Lincoln Park neighborhood of Chicago, Illinois, United States. It is known for its Maxwell Street Polish, Char-dogs, hamburgers, cheese fries, and the mutual verbal abuse between the employees and the customers during the late-weekend hours.

<span class="mw-page-title-main">Nu-Way Weiners</span> Restaurant in Georgia, United States

Nu-Way Weiners, Inc., is a company that operates a chain of fast food restaurants in the Middle Georgia area. The first Nu-Way restaurant opened in Macon, Georgia, United States, on February 27, 1916, at 218 Cotton Avenue in downtown Macon. Nu-Way is known for its iconic hot dogs – unique for their red color. Nu-Way also serves an extensive breakfast menu which includes egg platters, bacon & egg sandwiches, spicy dog biscuits, pancakes, etc. In addition Nu-Way is famous for their hamburgers which include their chili-burgers, cheeseburgers and Mega-Burgers.

<span class="mw-page-title-main">Carl's Jr.</span> American multinational fast food chain

Carl's Jr. Restaurants LLC is an American fast-food restaurant chain owned by CKE Restaurant Holdings, Inc., who also owns Hardee's, with franchisees in North and South America, Asia, Oceania, Europe, and Africa.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 Markovich, Jeremy (July 20, 2023). "The Ballad of the Wiener King". North Carolina Rabbit Hole. Retrieved April 24, 2024.
  2. 1 2 Actionsdower, Zap (December 2, 2019). "No Good Thing Ever Dies". Broken Chains. Retrieved April 25, 2024.
  3. 1 2 3 4 Shaver, Dan (October 26, 1972). "Wiener King's Hyperactive President Tackles Every Job With Relish". The Charlotte News . p. 27 – via Newspapers.com.
  4. 1 2 Calhoun, Bobbie (May 21, 1975). "Some Up In Air Over Balloon". The Charlotte Observer . p. 6 – via Newspapers.com.
  5. 1 2 3 4 5 6 7 8 9 10 11 Wiener King, Inc. v. Wiener King Corp. Appeal No. 79-575., 615F.2d512 (United States Court of Customs and Patent Appeals1980).
  6. 1 2 3 4 5 Coit, John (June 7, 1976). "Hot Dogs Are Royalty At Wiener King". The Carolina Financial Times. p. 8 – via Google Books.
  7. ↑ "Hot Dog Now a Foot Long". Tallahassee Democrat. March 20, 1977. p. 20. Retrieved August 27, 2024– via Newspapers.com.
  8. 1 2 "Hot dog under protective care". Star-News. March 21, 1977. p. 13 – via Google Books.
  9. ↑ Hickman Lione, Louise (July 11, 1978). "Wiener King strives to be hot dog of fast food chains". Dayton Daily News. p. 11. Retrieved August 27, 2024– via Newspapers.com.
  10. 1 2 "Wiener King head filed false statements, judge says". The Charlotte News. June 29, 1982. p. 8. Retrieved August 27, 2024– via Newspapers.com.
  11. 1 2 Shook, Taylor (December 15, 2023). "50 years of Wiener Works: Behind the hot dog empire Fayetteville's 'wiener king' built". AOL. Retrieved April 28, 2024.
  12. 1 2 "Wiener Works". Go Gaston NC. Retrieved April 28, 2024.
  13. ↑ Coore, Billy (May 7, 2009). "Memorable city businesses are history". Greensboro News and Record. Retrieved August 23, 2024.
  14. ↑ "Wiener Works on Madison Avenue". Wiener Works. Retrieved April 28, 2024.
  15. ↑ Rengers, Carrie (October 1, 2018). "Do you know what Wichita chain used to be known as Coney Island?". The Wichita Eagle. Retrieved August 26, 2024.
  16. ↑ Arnold, Ken (September 22, 2002). "Dale Steven, his brother and sister work hard to make Wichita hungry". Wichita Business Journal. Archived from the original on November 13, 2010. Retrieved August 27, 2024.
  17. ↑ "Wiener King". Roaming Hunger.
  18. ↑ "Wiener King chuckles at mafia rumors". Richland Source. March 27, 2016. Retrieved April 28, 2024.
  19. ↑ "Wiener King owner talks mafia, heart attack and a big 2016 for business". Richland Source. December 25, 2016. Retrieved August 23, 2024.
  20. ↑ "Owner of Wiener King fears closing, launches fundraiser". Richland Source. August 9, 2018. Retrieved April 28, 2024.
  21. ↑ Whitmire, Lou (November 17, 2016). "Friends run Wiener King as owner recovers". Mansfield News Journal. Retrieved August 23, 2024.
  22. ↑ Whitmire, Lou (July 31, 2018). "Wiener King in danger of closing; operator launches fundraising drive". Mansfield News Journal. Retrieved May 1, 2024.
  23. ↑ Whitmire, Lou. "Efforts to save Wiener King continue: October event planned at Mansfield Motorcycle Club". Mansfield News Journal. Retrieved August 23, 2024.
  24. ↑ "Ronald Howard Obituary (1941 - 2016) - Birmingham, AL - AL.com (Birmingham)". Legacy.com. Retrieved December 2, 2024.
  25. ↑ "Ronald W. Howard Obituary". Dignity Memorial. Retrieved August 26, 2024.
  26. ↑ "Little Mint May Join Wiener King Chain". Carolina Financial Times. July 5, 1976. p. 7 – via Google Books.
  27. ↑ "Wiener King". The Tennessean. August 3, 1978. p. 23. Retrieved May 1, 2024– via Newspapers.com.
  28. ↑ Alfred, Mark (January 23, 2020). "Remembering Wiener King". Mark's Super Blog. Retrieved April 28, 2024.
  29. ↑ "Wiener King New Restaurant". The Albany Herald . January 5, 1977 – via Google Books.
  30. ↑ "I can't say I remember "Weiner King," but here's a billboard for their "Big Frank" hot dog - a 1/4 lb dinner for less than a dollar! (1977)". Instagram. July 3, 2024. Retrieved August 23, 2024.
  31. ↑ "Wiener King Restaurant - Menu - Mansfield". Yelp. Retrieved December 2, 2024.
  32. 1 2 "Wiener King, Inc. v. Wiener King Corp., 407 F. Supp. 1274 (D.N.J. 1976)". Justia Law. Retrieved April 28, 2024.
  33. ↑ Levy, Joseph Michael (June 4, 2019). "The Confusion of Trademark Territoriality". Chicago-Kent Journal of Intellectual Property. 18 (3).
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.