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Checkers(R)/Rally's(R) Successfully Defends Use of 'You Gotta Eat'(SM) Trademark.

Checkers Drive-In Restaurants, Inc., , the nation's largest double drive-thru chain, today announced that it has successfully defended its use of the "You Gotta Eat"(SM) trademark. The United States District Court for the Eastern District of New York has dismissed with prejudice the trademark infringement suit filed by New York-based against Checkers Drive-In Restaurants, Inc.
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"We are very pleased by the court's decision. The court's ruling confirms that we not only had, and continue to have, the right to use the 'You Gotta Eat' mark, but also that Checkers Drive-In Restaurants, Inc. acted properly and in good faith at all times in this matter," said Keith Sirois, President and CEO at Checkers Drive-In Restaurants, Inc. "Our consumers have embraced 'You Gotta Eat' as a fun and memorable representation of our brand, and we are proud to have successfully defended our use of the mark."

Checkers Drive-In Restaurants, Inc. first launched its "You Gotta Eat" campaign in 2001 and received immediate praise from consumers and advertising critics alike. The award-winning ads feature "You Gotta Eat" in both the lyrics and the visuals, and show fun, cool people enjoying Checkers/Rally's food during their on-the-run lives. Now in its third year, "You Gotta Eat" has become synonymous with the double drive-thru's brand.

"Due to 'You Gotta Eat,' as well as our other creative work and marketing initiatives, Checkers/Rally's is enjoying its highest brand and ad awareness in Company history," said Richard S. Turer, Vice President of Marketing at Checkers Drive-In Restaurants, Inc. "We continue to outperform the category in same store sales growth and expect to do so in the months ahead."

Checkers Drive-In Restaurants, Inc.

Checkers Drive-In Restaurants, Inc. ( is the largest double drive-thru restaurant chain in the United States. The Company develops, produces, owns, operates and franchises quick service "double drive-thru" restaurants.

Except for historical information, this announcement contains "forward- looking" and "Safe Harbor" statements within the meaning of Section 27A of the Securities Act of 1933, as amended, Section 21E of the Securities Exchange Act of 1934, as amended and the Private Securities Litigation Reform Act of 1995. These forward-looking and Safe Harbor statements reflect management's expectations based upon currently available information and data; however, actual results are subject to future events and uncertainties, which could cause actual results to materially differ from those projected in these statements.

Further information regarding factors that could affect the company's financial and other results is included in the company's Forms 10Q and 10K, filed with the Securities and Exchange Commission.

CONTACT: Kim Francis of MARC Public Relations, +1-412-562-1186, for Checkers Drive-In Restaurants

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Publication:PR Newswire
Date:Feb 9, 2004
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