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ARTICLE · 22 DECEMBER 2023

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BIG MAC v BIG JACK: Burger battles over trade mark registrations

Piper Alderman
Piper Alderman
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Piper Alderman

Piper Alderman

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Fast food giants have been embroiled in a trademark fight over the 'Big Mac' burger, and the 'Big Jack' range.

AustraliaIntellectual Property
Tim O’Callaghan
Tim O’Callaghan
Travis Shueard
Travis Shueard
Laura Coppola
Laura Coppola
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Fast food giants, McDonald's and Hungry Jack's have been embroiled in a meaty fight over the well known 'Big Mac' burger, and Hungry Jack's "cheeky" 'Big Jack' range. Importantly, this is one of the first Federal Court interpretations of the High Court's recent decision in Self Care IP Holdings v Allergan Australia Pty Ltd [2023] HCA 8. We reported on Self Care here.

Background

McD Asia Pacific LLC (McD Asia) and McDonald's Australia (collectively, McDonald's) are respectively the licensor, and authorised user of the branding associated with the "McDonald's" chain of fast food restaurants. McDonald's is, in particular, well-known for its "BIG MAC" hamburger, which has been sold in Australia since 1971. 1

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