Opinion

Taste isn't decided in the courtroom

Thursday, July 8, 2004

Well it wasn't exactly the trial of the century. In fact it was just another lawsuit in front of another judge like countless other daily legal disputes that clog our court system. The issue before the judge was the question of whether Burger King could use the term "steak burger" made famous by the other party in the suit, Steak 'n Shake. The burger giants say millions of dollars are at stake - pun intended.

You can't help but laugh when two mega-giants get in a spittin' contest over the use of a descriptive phrase like "steak burger." Both companies acknowledge that neither actually produces a burger made from steak. But the fear is that consumers may confuse the term and decide on Burger King over Steak 'n Shake because of that confusion.

For starters, both companies underestimate consumers. We're not quite as dumb as they believe, though I clearly confess that many consumers are indeed pretty darn dumb. The courts are forcing the companies to try mediation in their dispute. In the meantime, Burger King can continue to promote its "Angus Steak Burger" to consumers. And little Steak 'n Shake will still be home to the "Steakburger".

If there's no ham in a hamburger and no steak in a steakburger, then what's the point to truth in advertising in the first place?

I will not be swayed in my selection of fast food burgers. My decision will not be based on some slogan or misleading name. Taste will drive my decision. And when it comes to that choice, I'll take Kirby's any day.

Now let's see Burger King and Steak 'n Shake try to match that!

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