Trademark Infringement ' The Battle Of The Burgers

• Published date: 17 September 2020
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Walker Morris
• Author: Mr Alan Harper and Richard Naish

Fast food giant McDonald's has issued proceedings in Australia against the Australian burger chain Hungry Jack's, for trademark infringement after Hungry Jack's launched their new 'Big Jack' burger. The court documents claim Hungry Jack's 'Big Jack' trademark is 'substantially identical with or deceptively similar' to McDonald's Big Mac trademark. McDonald's is seeking an injunction on Hungry Jack's use of the burger name, which it claims is damaging the value of its intellectual property. McDonald's also wants the court to cancel two trademarks granted to Hungry Jack's and order the destruction of all promotional materials related to the burgers.

Hungry Jacks applied for their 'Big Jack' trademark in November 2019, which was accepted in February 2020. They then launched the 'Big Jack' in August before posting images to its website and social media pages. McDonald's have held the 'Big Mac' trademark since 1973...