Macca’s Is Escalating The Big Mac / Big Jack Feud By Taking Rivals Hungry Jack’s To Court

McDonald’s has taken its fast-food battle with Hungry Jack’s to Federal Court, after claiming that their rival’s new Big Jack burger is a trademark infringement upon their long-standing Big Mac.

In a document filed in court on August 28th, McDonald’s Asia Pacific claims that that the Big Jack trademark is “substantially identical with or deceptively similar” to that of the legendary Big Mac.

McDonald’s also says the Big Jack trademark “is liable to be cancelled, and should in the exercise of the court’s discretion be cancelled” on a number of grounds, including that it is “likely to deceive or cause confusion”. This point, in particular, makes sense, I mean, look at the two side by side.

The Big Mac and The Big Jack… or is it the other way round?

In the document, Macca’s states that it has gained a reputation since 1973 for selling the Big Mac, and that a “substantial” number of consumers would be confused by the Big Jack.

The company has alleged that Hungry Jack’s is acting “in bad faith” for trying to launch their rival burger, calling them out for having “deliberately adopted or imitated” the look and build of the Big Mac.

In an ad launched in August, Hungry Jack’s claims that “there’s nothing like the Big Jack”, which one can only assume is a tongue-in-cheek way of saying ‘you guys know what’s up’.

McDonald’s is also seeking damages, interest and costs, as well as ordering its rival to absolutely destroy any and all promo material from existence, from brochures to packages and even electronic menus.

In a statement, a Hungry Jack’s spokesperson said: “Hungry Jack’s has not been served any formal documents from the court and, thus, is unable to provide any comment at this stage.”

On the online Federal Court file, it can be seen that Hungry Jack’s has filed a notice of address for service of the legal documents on Wednesday.