LEGAL BURGERFIGHT BETWEEN MCDONALDS’s AND HUNGRY JACK’S


Prabhjot Kaur 09/09/20 #copyright #patent #trademark #brandprotection #infringement #news #topnews #world #headlines #breakingnews #latestnews #trending #hotnews #blogging #educationalblog #Trademarkclickcom #McDonald #BigMac #BigJack #burgers #Facebook #Twitter #Instagram #IPR

A rare case of Burger plagiarism or as ‘Big Mac’ lovers call it a hamburger, has caught our attention. Claims have been raised against Burger King’s Australia-based fast-food franchise Hungry Jack’s by the most promising multinational food-chain McDonald’s.

It is a factually supported statement that McDonald’s does not easily let go of infringers and trademark violators. This time too, the 80-year old food chain is after Hungry Jack’s, especially when its classic ‘Big Mac’ is at stake. McDonald’s claim? A deliberate adaptation, much like a photocopied version of its famous ‘Big Mac’ hamburger. Not just that, the ingredients and the advertisement tagline have been blatantly replicated by Hungry Jack’s.

Launched about 3 months ago, the burger in question a.k.a. “Big Jack” burger is known to contain lip-smacking ingredients including “two flame-grilled 100% Aussie beef patties, topped with melted cheese, special sauce, fresh lettuce, pickles and onions on a toasted sesame seed bun”. Definitely not a coincidence, McDonald’s 1974-launched Big Mac is advertised as “two all-beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun.”

Questioning the similarity, McDonald’s filed a lawsuit in Australia’s Federal Court on August 28. The lawsuit mentioned, Hungry Jack’s “deliberately adopted or imitated” McDonald’s classic burger Big Mac’s “distinctive appearance and built.” The fact that both the burgers consist of similar ingredients along with advertisements, were presented before the court. As reported by the Guardian, the lawsuit point towards the fact that there exist strong-chances that the customers “would be deceived into thinking, or alternatively would be caused to wonder whether it might not be the case,” that the Big Jack is somehow associated with Big Mac.

Furthermore, allegations pertaining to “bad faith” trademark registration attained by Hungry Jack’s for its Big Jack in November 2019 were raised.  Upon such, McDonald’s pleaded the Court to rescind ‘Big Jack’ trademark since it “would be likely to deceive or cause confusion, and (hence) is liable to be canceled and should in the exercise of the court’s discretion be canceled.”

Before McDonald’s could even point out, such similarity was noticed by the fans. Taking their agitation out on Facebook and other similar platforms, Big Mac loyalists raised fingers on Hungry Jack’s for stealing, hamburglarly, and plagiarism. Attempting to clear out the smoke in the air, Hungry Jack thrashed the comments by posting “There’s something…‘special’ about or new Big Jack. It must be the flame-grilled Aussie beep” followed by a wink emoticon.

While taking out a word with regards to the lawsuit a Hungry Jack’s spokesperson told Daily Mail Australia, “Hungry Jack’s has not been served any formal documents from the Court and thus, is unable to provide any comment at this stage.” On the hand, a McDonald’s spokeswoman exclaimed, “As this matter is before the court, it is not appropriate to comment at this time.”

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