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McDonald’s takes Hungry Jack‘s to court saying Big Jack burger infringes on Big Mac copyright

Two fast food giants will go toe-to-toe in the Federal Court after McDonald’s accused Hungry Jack’s of infringing on their iconic Big Mac burger with the new Big Jack. TELL US: WHICH BURGER IS BETTER?

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A legal bunfight has erupted between fast food giants, with McDonald’s saying their iconic “Big Mac” has been infringed upon by Hungry Jack’s new “Big Jack” offering.

Documents lodged in the Federal Court show McDonald’s want their rival’s burger trademark cancelled, saying it could “cause confusion” because it was deceptively similar to their own Big Mac.

Two of McDonald’s best-known symbols — the Big Mac and the golden arches. Picture: Paul J. Richards/AFP
Two of McDonald’s best-known symbols — the Big Mac and the golden arches. Picture: Paul J. Richards/AFP

The Big Mac, McDonald’s documents state, has been widely consumed in Australia since 1973 and Hungry Jack’s was aware of this when it brought the Big Jack to market in mid-July.

Hungry Jack’s has yet to file its defence in court.

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McDonald’s says the Big Jack replicates “the distinctive appearance or build” of the ”famous Big Mac” and its ingredients.

Even the tongue-twisting “two all-beef patties, special sauce, lettuce, cheese, pickles, onions — on a sesame seed bun” slogan is mentioned in the lawsuit, with McDonald’s alleging Hungry Jack‘s mimicked the line.

On their website, Hungry Jack’s describes their burger as being “Two flame-grilled 100 per cent Aussie beef patties, topped with melted cheese, special sauce, fresh lettuce, pickles and onions on a toasted sesame seed bun”.

Hungry Jack’s new burger has raised the ire of McDonald’s. Picture: NCA NewsWire/Tertius Pickard
Hungry Jack’s new burger has raised the ire of McDonald’s. Picture: NCA NewsWire/Tertius Pickard

“(Hungry Jack’s) has wrongfully made, and will continue to make, profits by reason of the infringing acts,” the documents state.

McDonald’s also wants the court to order the “destruction” of all promotional materials, brochures, menus, ads, stationary, signage, packaging and documents related to the Big Jack.

McDonald’s did not comment further when contacted by The Daily Telegraph and Hungry Jack‘s has been contacted for comment.

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Original URL: https://www.dailytelegraph.com.au/news/nsw/mcdonalds-takes-hungry-jacks-to-court-saying-big-jack-burger-infringes-on-big-mac-copyright/news-story/73a58ec507c7281632ec35a561243ce1