The application was forwarded to Burger King's office in Miami, Florida and the parties reached a preliminary agreement to take the franchise for an existing Burger King location in the Drayton Plains area of Waterford Charter Township, Michigan in February 1979.
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Due to an economic downturn, the defendants were unable to make their monthly payments to Burger King, prompting the Florida-based corporation to file a lawsuit in Florida for breach of contract and infringement of Burger King's trademarks and service marks through the defendants' unauthorized operation as a Burger King restaurant after the defendants received notice to vacate the premises.
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