LEGAL | Staff Reporter, Australia

Hungry Jack's says McDonald's lawsuit over ‘Big Jack' burger “without basis”

McDonald’s said Hungry Jack’s “deliberately adopted or imitated” the “distinctive appearance or build” of their signature Big Mac.

Hungry Jack’s has offered a response to McDonald’s allegations against its “Big Jack” burger offering.

“Hungry Jack’s is bemused by the trademark lawsuit filed against it in the Federal Court. This is without basis,” a spokesperson for the Whopper-making chain said in a new statement sent to QSR Media.

The Sydney Morning Herald and The Guardian first reported that McDonald’s filed court documents earlier this week alleging Hungry Jack’s infringed its "Big Mac" trademark with the latter’s "Big Jack" offering, launched in July.

McDonald’s said Hungry Jack’s “deliberately adopted or imitated” the “distinctive appearance or build” of the Big Mac, as well as its ingredients and the advertising tagline “two all-beef patties, special sauce, lettuce, cheese, pickles, onions – on a sesame seed bun”, which they have been using since the 1970s.

It also asked the court to revoke the Big Jack trademark, arguing it “would be likely to deceive or cause confusion, and is liable to be cancelled, and should in the exercise of the court’s discretion be cancelled”.

“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,” the chain’s statement added in response. “Big Jack and Mega Jack burgers are different from McDonald’s products in their size, taste, presentation and packaging.”

Hungry Jack’s also argued that customers can differentiate that a Big Jack burger “has 25% more beef than the McDonald’s product and fresh onions” and are “distinctive because of their unique flame grilled taste, quality ingredients and larger size.”

“The burgers are better at Hungry Jack’s,” the statement concluded.

QSR Media has sought McDonald’s for comment.

Editor’s Note: This story has been updated to reflect the new statement that came from Hungry Jack’s.

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