McDonald’s SUES Hungry Jack’s claiming ‘Big Jack’ burger is ‘deceptively similar’ to Big Mac

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Fast food giant McDonald’s have sued Hungry Jack’s for trademark infringement after they launched their new ‘Big Jack’ burger. 

McDonald’s Asia Pacific filed documents in Federal Court against the Australian burger chain on August 28.

The documents claim Hungry Jack’s ‘Big Jack’ trademark is ‘substantially identical with or deceptively similar’ to McDonald’s Big Mac trademark.

McDonald’s have held the ‘Big Mac’ trademark since 1973 and claim Hungry Jack’s used ‘flagrant or wilful disregard’ in promoting their ‘Big Jack’ burger.

McDonald's have sued Hungry Jack's over their 'Big Jack' burger (pictured) and trademark

McDonald’s have sued Hungry Jack’s over their ‘Big Jack’ burger (pictured) and trademark

They believe the ‘Big Jack’ trademark ‘is liable to be cancelled’ because it is ‘likely to deceive or cause confusion’.

Hungry Jacks applied for their ‘Big Jack’ trademark in November, which was accepted in February.  

They launched the ‘Big Jack’ in August before posting images to its website and social media pages.

It features ‘two flame-grilled 100 per cent Aussie beef patties’, special sauce, melted cheese, pickles and onions on a toasted sesame seed bun.

Eagle-eyed customers were quick to mock the chain’s new creation on Facebook.

‘Did they just steal the Big Mac?’ one asked.

McDonald's believe the Big Jack is 'substantially identical or similar' to their own Big Mac (pictured)

McDonald’s believe the Big Jack is ‘substantially identical or similar’ to their own Big Mac (pictured)

A Hungry Jack's spokesperson said they had 'not been served any formal documents from the court'. Pictured: an empty Hungry Jack's store in Melbourne during the coronavirus pandemic in March

A Hungry Jack’s spokesperson said they had ‘not been served any formal documents from the court’. Pictured: an empty Hungry Jack’s store in Melbourne during the coronavirus pandemic in March

‘That’s literally a Big Mac,’ another commented.

‘I sense a lawsuit,’ one hinted.

‘I like how they’re embracing their plagiarism,’ someone else wrote.

‘Looks exactly like a Big Mac only different name,’ another wrote.

However Hungry Jack’s appeared to recognise the cheeky nod to its rival with a comment.

‘There’s something…”special” about our new Big Jack. It must be the flame-grilled Aussie beef,’ Hungry Jack’s wrote on Facebook with a cheeky winking emoji.

McDonald’s want Hungry Jack’s to destroy all material they have using the ‘Big Jack’ trademark. 

‘Hungry Jack’s has not been served any formal documents from the court and, thus, is unable to provide any comment at this stage,’ a Hungry Jack’s spokesperson told Daily Mail Australia.

A McDonald’s Australia spokeswoman told Daily Mail Australia ‘as this matter is before the court, it is not appropriate to comment at this time.’ 

McDonald's (store in Maryborough in Victoria pictured) want Hungry Jack's to destroy all material with 'Big Jack' trademark

McDonald’s (store in Maryborough in Victoria pictured) want Hungry Jack’s to destroy all material with ‘Big Jack’ trademark

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