A Sydney burger store is in disbelief after a legal letter from McDonalds landed in their inbox.

Penrith's Burger Head began a promotion earlier this week for the "Better Mac" burger.

The burger, a play on McDonald's returning Grand Big Mac burger, has many of the same characteristics as the Big Mac as the original advert shows.

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Those characteristics, along with the name, drew the ire of the McDonalds legal team, which sent a cease and desist letter to Burger Head this morning.

Burger Head co-founders Joshua DeLuca and Timothy Rosenstrauss said they were shocked to receive the letter.

"We didn't think it would pop up on their radar at all, we are just a small business after all," DeLuca said.

We put our foot in the McShit now - The burger will now be referred to as "The Whopper" - #IMABURGERHEAD

Posted by Burger Head on Tuesday, 14 January 2020

Rosenstrauss stood by the burger and said it was not that similar to the Big Mac as claimed by the lawyers.

"We don't believe the burger is deceptively similar. If you walk into our store and think we are a McDonald's, you aren't going to have a good time," he said.

The Better Mac burger was part of the store's fortnightly special, which the owners said encouraged creativity.

"We take inspiration from what's going on in the world for the specials, and Macca's started the bigger better burger promotion and we wanted to do our take on things," DeLuca said.

The co-founders took to Facebook to ask their followers for a new name for the burger, one that wouldn't draw the ire of the legal team.


So a certain clown ain't to happy with a certain special's name. We need a new name for it and open to suggestions The...

Posted by Burger Head on Wednesday, 15 January 2020

"I think the current frontrunner is cease and desist," Rosenstrauss said.

Despite the boys having a bit of fun on Facebook, they did confirm that they would comply 100 per cent with the lawyer's request.

"We are being a bit cheeky but we will comply," DeLuca said.

"We understand why they have written to us. They have a trademark in place and we will comply with the requests."

🚨Our Second Burger Special for 2020🚨 - We've stopped selling our old special and had to come up with a "NEW" one. - 🚫The Cease and Desist🚫 - You know what's in it 😉 - #IMABURGERHEAD

Posted by Burger Head on Wednesday, 15 January 2020

Today, the restaurant returned the burger special, naming the meal The Cease and Desist.

People on Facebook are now waiting in anticipation with what McDonald's would do next.

"McDonald's, we good bro?", one person tagged the franchise.

We will have to wait and see!