A Dairy Cheer "Home of the Smashburger" refreshment cup in Pikeville, Ky.
LEXINGTON, Ky. – Icon Burger executives began using the trade name “Smashburger” in 2007, knowing it had belonged for over fifty years to Dairy Cheer in Kentucky. Not until Icon was ready to put a store in Lexington, did they think there was a trademark conflict.