Two fast-food giants go head to head

Commercial Law, Business, Disputes and Litigation

We all know McDonald’s iconic ‘Big Mac’ trademarked burger sold internationally and renowned on the market since 1967, but have you heard of Hungry Jack’s new ‘Big Jack’ burger? Well just recently on the 28 August, McDonald’s, the giants of the fast-food industry have filed documents in court to sue Hungry Jacks for their “substantially identical with or deceptively similar” burger.

A massive dispute over beef patties

In the ‘fast feud’, McDonald’s claims that Hungry Jacks is acting in ‘bad faith’ by purposefully imitating their ‘Big Mac’ burger in terms of appearance by using strikingly similar ingredients and ultimately infringing on the internationally prominent trademark. McDonald’s further argues in the hefty lawsuit that even the promoted tagline “two all-beef patties, special sauce, lettuce, cheese, pickles, onions – on a sesame seed bun”, which has been used to advertise the famous burger since at least 1974 has been adopted by the new ‘Big Jack’ which uses a substantively similar tagline. Advertised from early July this year, Hungry Jacks have been promoting their ‘special’ new item to excite customers for the upcoming ‘Big Jack’. McDonald’s‘ Mega Mac’s are another trademarked iconic burger that contains double the amount of the ‘Big Mac’. In a similar vein, Hungry Jacks have also been selling their new ‘Mega Jack’ burgers from mid-July.

Source: The Age

How did Hungry Jacks respond to these accusations?

Well, the multinational fast-food giant released a statement on the 4^th September 2020 stating that it was “bemused by the trademark lawsuit filed in the Federal Court” and claims that the two burgers are significantly dissimilar in their taste, size, packaging and presentation. The fast-food chain made a statement saying “Big Jack is a registered trademark of Hungry Jack’s and it is clearly evident that customers are not confused or misled that the Big Jack and Mega Jack burgers are only available at Hungry Jack’s”. A further statement was made by Hungry Jacks, arguing that their ‘Big Jack’ burger not only flame grills their patties and uses fresh onions, but it also has 25% more beef opposed to the McDonalds product.

Nevertheless, with all its rivalries, McDonald’s remains at the apex of the Fast food brands.

Outside the burger world, rivalries have always existed and still do. Pepsi vs Coca-Cola, Hershey’s vs Mars Chocolate and Dunkin Donuts vs Starbucks are just some examples of the endless unavoidable feuds between fast food companies internationally.

These rivalries are inevitable in the FMCG domain but...

in many ways can be the catalysts for innovation in terms of advancements, updates, new products, better customer experience, as each business tries to get ahead of the game.

As author Alcott states “Rivalry adds so much to the charm of one’s conquests”.

It is certainly exciting to see how the current feud between the two burger giants unfold in the coming weeks.

Have any question about trademarks, copyrights and or need assistance with a business dispute or litigation? Get in touch and one of our experienced and competent lawyers will be on your side.

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Mark Lazarus, the visionary behind the business and the fresh blood of the Lazarus Legal team, Mark (or Laz as he is often known) owes much of his success to his past experiences. And he’s made it his personal goal to bring that wisdom and formula to the firm.