Blog Post

Burger wars: Court sides with Big Jack in Big Mac infringement claim

“Not deceptively similar”: McDonald’s Big Mac (left) and Hungry Jack’s Big Jack (right)

McDonald’s has lost a three-year Federal Court fight against Hungry Jack’s in which it claimed the latter’s Big Jack and Mega Jack burgers infringed its Big Mac trademark.

McDonald’s argued Hungry Jack’s deliberately adopted the Big Jack and Mega Jack marks for the purpose of “promoting in the mind of consumers a connection or affiliation between Big Mac and Mega Mac hamburgers”.

However, after hearing evidence from both sides, Federal Court Justice Stephen Burley has ruled…

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