A whopper of a fast-food legal dispute is unfolding on the North Side after five Burger King restaurants were transformed into Burger Delights.
Owners of the former BK restaurants, Radha and Indira Nair, have been sued by Burger King for allegedly violating terms of their franchise contract and continuing to operate as a burger business.
The restaurants, at 3509 N. Ashland Ave., 5130 N. Broadway, 5353 N. Harlem Ave., 4557 N. Sheridan Rd. and 5218 N. Northwest Highway, were turned into Burger Delights in December. Plastic tarps emblazoned with “Burger Delights” barely conceal the old BK signs now, and familiar menu items have been replaced with similar Delight items.
Instead of a Whopper burger special, a Delight deal is available, and BK’s Tender Crisp chicken sandwich is called Crispy Chicken Delights.
Burger King is suing the Nairs for “unauthorized use of BK’s valuable trademarks and service marks,” and for their “operation of restaurants as ‘Burger Delights’ restaurants in violation of restrictive covenant,” according to the lawsuit, filed Dec. 29 with the U.S. District Court in Southern Florida.
The “restrictive covenant” prohibits the Nairs from operating a burger-affiliated business at their Burger King locations for nine months after the end of their license with BK, which ended in December.
Burger King also seeks damages it says are due under the franchise and license agreements.
The company claims the Nairs failed to report an estimated $1.8 million in revenue between 2001 and 2003 and did not pay royalties and advertising fees for those unreported sales.
Burger King’s motion for a hearing on a preliminary injunction was denied last month. The next court date is set for Feb. 28.
Burger King representatives declined to comment about the lawsuit or the restaurant name change, but all of the Burger Delights locations are still listed as Burger Kings on the company Web site. The Nairs did not return phone calls.
During a recent visit to the Burger Delights on Sheridan Road, one employee was seen wearing a Burger King apron, while the BK menu board was covered with paper signs promoting new items.
A small staff was working during the lunch hour, and all of the food–made to order–was served in plain paper wrappings.
Despite the name change and slight menu switch, there’s a BK-like feel to the restaurant. Burger Delights still dish out breakfast specials, fish sandwiches, french fries and chicken strips. New options include breaded mushrooms, mozzarella sticks, Pizza Puffs and Papa Charlie’s Italian Beef sandwiches.
“It just feels weird coming in here and not [seeing] Burger King logos,” said Brenda Maynard, 29, who has frequented the Sheridan Road Burger King and has visited its replacement on a couple of occasions. “I’ll still come and eat. It’s just as good, most definitely.”
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plevy@tribune.com
