The Golden Arches has been making Big Macs since the 1970s, and claims in the lawsuit it has "acquired a substantial and valuable reputation in Australia". It says consumers would be deceived into thinking there was a connection between its burger and the rival product.
McDonald's is accusing Hungry Jack's of acting in "bad faith" and has alleged the fast food chain "deliberately adopted or imitated" the "distinctive appearance or build" of the Big Mac.
The look of the burger and ingredients are extremely similar as well as their taglines. McDonald's famous Big Mac descriptor is: "Two all-beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun." While the Big Jack is described online as: "Two flame-grilled 100 per cent Aussie beef patties, topped with melted cheese, special sauce, fresh lettuce, pickles and onions on a toasted sesame seed bun."
McDonald's has asked the court to restrain Hungry Jack's from using its new trademarks or any others that are "substantially identical or deceptively similar" to McDonald's trademarks, and for an order cancelling the Big Jack trademark.
It is also seeking damages, interests and costs as well as an order that Hungry Jack's destroy all "promotional materials, including physical and electronic brochures, menus, advertising and marketing materials, stationery, signage, packaging and documents" using the Big Jack trademarks.
Hungry Jack's is yet to file a defence.
