McDonald’s threatens Aussie burger chain with legal action

An Aussie fast food chain says it was being tongue-in-cheek when it released a ‘Big MacJac’ burger, but McDonald’s is not seeing the funny side.

McDonald’s is threatening an Aussie restaurant chain with legal action after the release of a burger that the fast food giant claims is a copy of its famous Big Mac.

The owners of Rashays have now been slapped with a cease-and-desist order for their new ‘Big MacJac’ burger

The burger contains two Wagyu beef patties, lettuce, cheese, pickles, onions, and a special sauce.

Rashays founder Rami Ykmour says that although Macca’s has been threatening legal action, the burger was created with the intention of being tongue-in-cheek.

“There’s nothing more Aussie than having a bit of a laugh at their expense,” he told Pedestrian.

“We can’t believe in these tough times where we are struggling to survive through a global pandemic, one big giant is fighting with another, wasting time over a burger.”

Rashays founder Rami Ykmour said his burger was created with the intention of being tongue-in-cheek.

Maccas doesn’t see the funny side. Picture: Paul J. Richards/AFP

The news comes as McDonald’s goes head-to-head with Hungry Jack’s in a very similar legal battle.

The two fast food operators were in the Federal Court in October for the preliminary hearing of a trademark battle over the Big Mac burger.

McDonald’s has held the ‘Big Mac’ trademark since 1973 and claims Hungry Jack’s used “flagrant or wilful disregard” in promoting their “Big Jack” burger.

It wants the trademark cancelled because it is “likely to deceive or cause confusion” for customers.

However, Hungry Jack’s does not seem too concerned. Last month it released a TV advert poking fun at the incident.

“The Big Jack has 25 per cent more Australian beef. Aussies know you can’t get smaller pan fried American burgers at our restaurants. We flame grill our beef and that’s why the burgers are better at Hungry Jack’s,” said a spokesman for Hungry Jack’s.

Hungry Jacks says it is entitled to use the Big Jack trademark. Picture: Tertius Pickard/NCA NewsWire

“The Big Jack is flame grilled and only available at Hungry Jack’s restaurants.”

According to the Brisbane Times, Hungry Jack’s is claiming it is entitled to use the Big Jack trademark, which played on the company’s name and the name of “its founder and current owner, Jack Cowin”.

The word Jack was “closely associated by consumers with Hungry Jack’s’ goods and services”, the company’s lawyers said, adding that McDonald’s “do not have a trademark, or any other enforceable intellectual property right in the appearance, build and/or ingredients of the Big Mac burger”.

The claim the Big Jack burger differed in appearance, build, size, taste and cooking method.

The two parties will meet again in court at a later date.