McDonald’s sues Hungry Jack’s over ‘big’ burgers

McDonald’s is taking Hungry Jack’s to task over a burger, filing a trademark infringement notice in the Federal Court.

In contention is the Hungry Jack’s burger ‘Big Jack’, a two-deck hamburger launched in July, which Macca’s believes is too similar to its classic Big Mac.

According to The Sydney Morning Herald, McDonald’s filed its lawsuit on August 28, claiming both the ingredients and appearance of its rival’s new burger mimic the “distinctive appearance or build” of the Big Mac.

The taglines are also two close for comfort for Macca’s. Hungry Jack’s has tagged its new burger “two flame-grilled 100% Aussie beef patties, topped with melted cheese, special sauce, fresh lettuce, pickles and onions on a toasted sesame seed bun”.

This, suggests McDonald’s, is very similar to the well-established Big Mac tagline “two all-beef patties, special sauce, lettuce, cheese, pickles, onions – on a sesame seed bun’.

McDonald's sues Hungry Jack's, claiming it's Big Jack burger is too similar to a Big Mac | Inside Franchise Business Executive

McDonald’s sues Hungry Jack’s over its Big Jack burger | Inside Franchise Business Executive

However Hungry Jack’s is “bemused” by the legal action, according to Mumbrella.

In a statement, the chain suggested there was unlikely to be confusion amongst customers about which burger they were purchasing.

“Big Jack is a registered trademark of Hungry Jack’s 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 Jack’s.”

McDonald’s is seeking damages and has ordered Hungry Jack’s to destroy all promotional materials.

It’s been a mixed few months for the McDonald’s brand. In May 2020 the brand was linked with claims of sexual harassment on a global scale; just a month ago the US corporation announced it was suing its former CEO.

In Australia however, the announcement the 1000th store will be a flagship of sustainability came on the back of news from Austria the classic Macca’s straws are being recycled into swimwear.

And it was Australia’s drive-thru sales success that was the bright spark in an otherwise gloomy global financial report for the burger business.