Hungry Jack’s has initiated phase 3 of the fast feud with McDonald’s by filing a defence in the Federal Court last Friday, September 25th.
Messy tactics have fueled this entire war between the big-name companies over the whole Big Mac vs. Big Jack fiasco. Just in case you missed it, Hungry Jack’s started this tiff by releasing their eerily familiar Big Jack burger. McDonald’s then escalated the matter by simply sending Hungry Jack’s to court.
Jacky boy then escalated the drama with a feisty new shade-filled ad that literally calls out McDonald’s with the words “someone is trying to sue us.” Now, in its brand new defence, it seems like HJ is not backing down whatsoever.
As detailed by the Sydney Morning Herald, in the defence, lawyers speaking on behalf of Hungry Jack’s argued that consumers (that’s us bby) are “well aware” of the “competitive rivalry between Hungry Jack’s and [McDonald’s].” Essentially their main point is that we as burger-buying food fiends could not ever be tricked into thinking the Big Jack was a McDonald’s product.
More interestingly, they also argued that Macca’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.” They also claimed that the Big Jack had a different look, build, size, taste and cooking method to the Big Mac… which is all good and fun, but I mean, the two burgers basically look like twins.
In its initial lawsuit, Macca’s said that the Big Jack trademark, which has existed since November 2019, “is liable to be cancelled, and should in the exercise of the court’s discretion be cancelled,” on the grounds that the burger is “likely to deceive or cause confusion.” Basically, the Big Jack is far too similar to the Big Mac than McDonald’s would like.
Macca’s is seeking damages, interest and costs in their lawsuit, and are also ordering that Hungry Jack’s completely destroy any and all promo material from the face of the Earth, including brochures, packages and even electronic menus.
The pair will appear in court for a preliminary hearing on October 2, and I for one cannot wait.
Now let’s all gaze upon the shady beauty that is that Hungry Jack’s ad.
