We all know McDonaldâs iconic âBig Macâ trademarked burger sold internationally and renowned on the market since 1967, but have you heard of Hungry Jackâs new âBig Jackâ burger? Well just recently on the 28 August, McDonaldâs, the giants of the fast-food industry have filed documents in court to sue Hungry Jacks for their âsubstantially identical with or deceptively similarâ burger.Â
A massive dispute over beef patties
In the âfast feudâ, McDonaldâs claims that Hungry Jacks is acting in âbad faithâ by purposefully imitating their âBig Macâ burger in terms of appearance by using strikingly similar ingredients and ultimately infringing on the internationally prominent trademark. McDonaldâs further argues in the hefty lawsuit that even the promoted tagline âtwo all-beef patties, special sauce, lettuce, cheese, pickles, onions â on a sesame seed bunâ, which has been used to advertise the famous burger since at least 1974 has been adopted by the new âBig Jackâ which uses a substantively similar tagline. Advertised from early July this year, Hungry Jacks have been promoting their âspecialâ new item to excite customers for the upcoming âBig Jackâ. McDonaldâsâ Mega Macâs are another trademarked iconic burger that contains double the amount of the âBig Macâ. In a similar vein, Hungry Jacks have also been selling their new âMega Jackâ burgers from mid-July.Â
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 âbemused by the trademark lawsuit filed in the Federal Courtâ and claims that the two burgers are significantly dissimilar in their taste, size, packaging and presentation. The fast-food chain made a statement saying âBig Jack is a registered trademark of Hungry Jackâs 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 Jackâsâ. A further statement was made by Hungry Jacks, arguing that their âBig Jackâ 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, Hersheyâs vs Mars Chocolate and Dunkin Donuts vs Starbucks are just some examples of the endless unavoidable feuds between fast food companies internationally.Â
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 âRivalry adds so much to the charm of oneâs conquestsâ.
It is certainly exciting to see how the current feud between the two burger giants unfold in the coming weeks.Â
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. Â
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 heâs made it his personal goal to bring that wisdom and formula to the firm.
