It’s Small Fry David vs McDonald’s Goliath in the Big Burger Battle…but it looks like poor old David has no chance in this one.

McDonald’s didn’t waste any time in serving a threatening legal warning letter to a tiny family-owned burger joint, after it accused the small takeaway shop from infringing on the McDonald’s trademark.

It all started when Burger Head, a fast food outlet in Penrith on Sydney’s West, put a post up on social media saying that for their first special of the year, they’re launching the “Better Mac”.

The Offending Post

“You’ve seen @mcdonadsau bring out the bigger better Big Mac and the Grand Mac…Here’s our take on things.

Better Mac.

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We could list the ingredients, but you all know what’s in this.”

The special was to be available for a limited time only – from 13 Jan to 25 Jan 2020.

burger head initial post

Cease And Desist!

However, Burger Head didn’t get much time to treat their customers to the alleged Macca’s imitation.

The small business were surprised to receive a legal letter from McDonald’s, requesting that all posts that related to the alleged trade-mark infringement, be removed, as reported in 9News.

“You would be well aware that you have not been authorised by McDonald’s to use the Offending Mark in relation to the Offending Promotion,” stated the communication from McDonald’s.

“We therefore request that you take immediate steps to cease all use of the Offending Mark including removing the Offending Promotion from your social media platforms, and other websites or media.

“We trust you will appreciate the seriousness of the issues raised above and that this matter will not need to be escalated to our external lawyers for further action.”

burger head letter

We’re A Small Business!

The owners of Burger Head, Joshua DeLuca and Timothy Rosenstrauss, spoke to nine.com.au, that while they did understand why they received the cease and desist, they were still shocked by McDonald’s reaction.

The founders said that they would be complying with the mammoth burger chain’s request.

“It was a little bit cheeky on our behalf, but we’ll edit the post to reflect the changes they requested,” Mr DeLuca said.

He did add that his burger was not actually “deceptively similar” to the Big Mac, as the letter suggested.

“We handmake all the beef, pickles and sauces in store – something very different to McDonald’s,” he said.

The Burger Formerly Known As The Better Mac

The burger place responded with a series of funny facebook posts:

“We put our foot in the McShit now
-
The burger will now be referred to as “The Whopper”

They then included the legal letter in the facebook post.

New Name

This was followed with a call-out for a new name for the controversial burger:

“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 one with the most likes wins

We think a certain legal team needs a Happy Meal.

#IMABURGERHEAD

The burger was then given the apt new name: “The Cease and Desist”.

They even cheekingly tagged McDonald’s in their latest post advertising the new name. Unsurprisingly…no response.

burger-head- second post

No Jokes!

There are no joking around, smiles or Happy Meals when it comes to McDonald’s legal business.

A spokesperson spoke to nine.com.au saying:

“This is simply a marketing ploy to leverage our well-established and iconic brand.

“We hold no issue with the burgers themselves, however the name and promotion are infringing on our trademark by clearly mirroring our famous Big Mac.”

Do you think McDonald’s is overreacting or where they correct? Tell us in the comments below.

  • Looks nothing like a big mac

    Reply

  • I think McDonalds went too far. As in nearly threatening legal action. I no longer eat Big Macs and would support a local business ahead of a big chain. Why because the burger is made from scratch, full of flavour and is more filling.

    Reply

  • how silly and then to expect sympathy?It was a straight up rip off

    Reply

  • It’s a small little company seriously Mcdonalds?!! Come on how on earth can a little burger joint in the west of Sydney do damage to a multi-million $$ chain!?!


    • Located in Perth
      and yes I Agree !!!



      • Ahh my bad my eyes are playing tricks on me this early in the morning.

    Reply

  • This has given the small business more advertising, the big M should just leave it be.

    Reply

  • All a bit tongue in cheek I think!!

    Reply

  • They were very cheeky in response and hope they do well

    Reply

  • With all the comments on the Facebook post about why the name change and getting their customers to pick a new name, this tiny shop has done more damage to the local McDonalds than if the McDonalds store had not bothered to try to defend their name.
    Good on the little shop defending themselves on social media.
    First time I have been supportive of social media – I steer clear of it and don’t use it.

    Reply

  • This does look like a good burger. It’s a shame they are going after such a small shop, but a trademark is a trademark.

    Reply

  • McDonald’s must think they’re God all powerful and almighty…

    Reply

  • They are a small business however you still can’t use a logo or name comparison from another company. McDonalds probably don’t need to bother about it but I can see why they did.

    Reply

  • Most definitely an over reaction by McDonalds. They make millions of dollars every year yet are scared they might lose out on a tiny fraction of that money by letting this little burger shop sell their burger. Just wow! Let it go Maccas!

    Reply

  • This doesn’t surprise me!

    Reply

  • Great name, free publicity for them too.

    Reply

  • The thing is big companies pay a lot of money to register a trademark so I understand why they reacted the way they did. Maybe someone will think twice before trying to use a companies trademark that they aren’t entitled to use.

    Reply

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