The fast food chain says in a Federal Court defence its 'Big Jack' trademark does not infringe McDonald's Big Mac trademark.
Fast food chain Hungry Jack's has returned serve – without fries – in a legal bun fight with McDonald's over its Big Mac lookalike burger, dubbed the Big Jack.against Hungry Jack's over its rival's new burger trademark, which it claims is "substantially identical with or deceptively similar" to its own Big Mac trademark.
Hungry Jack's said it was entitled to use the Big Jack trademark, which played on the company's name and the name of "its founder and current owner, Jack Cowin". The word Jack was "closely associated by consumers with Hungry Jack's' goods and services", the company's lawyers said. It said if there were any similarities between the Big Mac and the Big Jack, "those similarities are common characteristics of hamburgers sold in quick service restaurants in Australia and overseas".
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