Global fast-food giant, McDonald’s Corp. has filed a trademark infringement notice in Australia Federal court against Australia’s Burger King, Hungry Jack for trademark infringement.
The plaintiff alleges that the Australian Franchise, Hungry Jack’s released a double layer hamburger in July which is similar in construction and appearance to McDonald’s Big Mac.
The plaintiff reportedly said that the defendant intentionally copied and imitated the distinctive appearance of the Big Mac along with its ingredients and tagline “two all-beef patties, special sauce, lettuce, cheese, pickles, onions – on a sesame seed bun”.
The plaintiff alleges that the Hungry Jacks advertise the burger online with a tagline of “two flame-grilled 100% Aussie beef patties, topped with melted cheese, special sauce, fresh lettuce, pickles and onions on a toasted sesame seed bun.”
The plaintiff said the infringement has caused lots of damages, confusion, and unfair competition.
McDonald’s is seeking damages, interest, and costs, as well as an order that Hungry Jack’s destroy all promotional materials.
The case is ongoing.