Big win for Hungry Jacks in trademark battle with McDonald’s
The BIG Jack is here to stay after McDonald’s lost its three-year trademark battle against Hungry Jack’s.
The Federal Court of Australia ruled in favour of Hungry Jacks, which in 2020 began to sell hamburgers under the names “BIG JACK” and “MEGA JACK.”
McDonald’s has been selling the “BIG MAC” in Australia since it started operations in Australia. It claimed in its lawsuit that Hungry Jacks had infringed its “BIG MAC” and “MEGA MAC” trademarks.
It argued that the court order the removal of the “BIG JACK’S” trademark from the register.
It also argued that Hungry Jack’s BIG JACK misrepresented a greater amount of Aussie beef than the BIG MAC hamburger – 25% is Hungry jack’s claim.
In a crossclaim, Hungry Jack’s argued McDonald’s “MEGA MAC” trademark should be removed from the register for non-use.
The main point of contention was the similarity between Hungry Jack’s trademarks and McDonald’s trademarks.
However, the court ruled that BIG JACK is not deceptively similar to BIG MAC and that MEGA JACK is not deceptively similar to MEGA MAC.
The court did rule in favour of McDonald’s in the matter of Hungry Jack’s 25% more Aussie beef representation.
Overall, it found no real, tangible danger of deception or confusion occurring, despite McDonald’s claim that there were significant visual and aural similarities between the two burgers.
It said it was satisfied that Hungry Jack’s purpose was not to mislead but to invite a comparison and contrast between the two products.
Jonathan Jackson, 21st November 2023
