Two fast-food giants go head to head

Trademark Dispute - Burger Giants - McDonald's & Hungry Jack's

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. 

Litigation between McDonald's & Hungry Jack's

Source: The Age

How did Hungry Jacks respond to these accusations?

Well, the multinational fast-food giant released a statement on the 4th 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

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.

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Barry Lazarus

CEO & Notary Public

barry@lazaruslegal.com.au 

We’d be lying if we told you that this bloke isn’t the big honcho of our team, but his name is a dead give-away. The founder of Lazarus Legal, Barry is an old school, tough as nails lawyer. They don’t forge litigators like this anymore.

With decades of experience in both Australia and South Africa, his wisdom is as renowned as his name. Back in the days when Schwarzenegger and Van Damme were kicking ass on VHS, Barry was kicking ass in the courtroom. And after all these years, he still has a reputation for refusing to back down.Barry is definitely the badass you’d want in a fight – in court or otherwise. But really, he’s a big softie. Just don’t let him know you know that (although he probably won’t read this anyway – navigating the Internet is not his strong point).

Aside from putting other lawyers in their place, taking long walks on the beach and spending time with his family, Barry enjoys seeing others succeed. Not only is Barry a staunch and unmoving litigator, he has sharp business and commercial acumen having started up ventures from scratch and growing them into full-blown franchises – from real estate to creating ice cream, to making pasta. With his experience on both sides of the commercial and legal equation, you want this guy to be on your side, whether you’re the next Zuckerberg realising your genius, or the next Zuckerberg taking on your opponents in court.

When Barry is not busy lawyering about, he is a part-time lawn bowler and a wannabe comedian, but never took both as a day job, because let’s face it, he’s a lot better at his day job.

If someone ever threatens you to lawyer up…relax, call Barry and he’ll handle the rest. 

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Mark Lazarus Director

Mark Lazarus

Director

mark@lazaruslegal.com.au 

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 stories and experiences. And he’s made it his personal goal to bring that wisdom and formula to the firm.

He’s a bit of jet setter, splitting his time between Australia and the UK, maximising every hour of his professional life. He thrives on this adrenalin. It allowed him to work in private practice in Sydney, act for a host of famous celebrities in London, do a two year stint as a NSW barrister (and not the pretentious coffee type in the Melbourne laneways) and more recently did a gig as the Legal Director covering Europe, the Middle East and Africa for one of the world’s coolest fast-moving consumer good brands!  

As an Aussie and UK lawyer and former barrister, Mark not only has the gift of the gab but he’ll walk the walk to prove it too. He likes to think he’s a bit like Harvey Specter or Michael Corleone, the main difference is you can actually retain him as your lawyer and consigliere. He’ll tell you how it really is and will take on any challenge head on. Although litigation and court advocacy comes naturally to him, commercial and IP is what gets his blood pumping! 

When Mark is not out there doing his thing, you will probably catch him chilling at home with his family, on the sidelines of the soccer (football) pitch cheering on his two boys, crawling through mud obstacles, or training hard at the gym. Passion and commitment is what drives Mark to succeed, along with his burning desire to disrupt the legal profession by finding new ways to change the game.

He has sights on the future. So if you’re breaking new ground, ahead of the times, and on the verge of something big, but you need someone who’s got your back and who can give you straight up advice, this is the guy you will want on speed dial.

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