 Due to a recessionary period in the United States beginning with the energy crisis in late 1979, sales began to decline at the location and the partnership failed to pay their required franchise fees and rent service to Burger King Corporation. After attempts over the intervening months to negotiate a compromise with MacShara and Ruzewicz failed, Burger King terminated the franchise agreement and ordered the pair to vacate the property. Rudzewicz and MacShara refused to comply and continued operation of their restaurant even after they were served the notice. Burger King response was to file a lawsuit in May 1981 in the United States District Court for the Southern District of Florida claiming breach of contract and trademark infringement. Burger King sought an injunction against the pair preventing them from operating the restaurant and seeking damages because MacShara and Ruzewicz were "... tortiously infringing its [Burger King] trademarks and service marks through their continued, unauthorized operation as a Burger King restaurant". The company also sought reimbursement of all legal fees and costs associated with the filing.
