Hungry Jacks thought they were onto an absolute winner when they announced the Big Jack burger.
The new addition was one of the company's biggest offerings and it was packed with 'two patties, fresh lettuce, onion, pickles and cheese, and topped with special Big Jack sauce'. HJs also launched a Mega Jack, which, again, is eerily similar to Macca's Mega Mac.
However, McDonald's Asia Pacific reckons that the burger is eerily similar to its Big Mac and have decided to launch legal action.
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Documents were filed late last month and McDonald's says the Big Jack trademark is 'liable to be cancelled, and should in the exercise of the court's discretion be cancelled' based off several grounds, adding that it is 'likely to deceive or cause confusion'.
McDonald's has even gone as far as saying that Hungry Jacks has acted in 'bad faith' for creating a burger that is so similar to the Big Mac.
The company says HJs 'deliberately adopted or imitated' the 'distinctive appearance or build' of the Big Mac and also has promoted the new offering in much the same way as the Big Mac with a 'well-known tagline' of 'two all-beef patties, special sauce, lettuce, cheese, pickles, onions - on a sesame seed bun'.
Macca's is asking the Federal Court to get Hungry Jacks to get rid of its trademark for the Big Jack as well as all 'promotional materials, including physical and electronic brochures, menus, advertising and marketing materials, stationery, signage, packaging and documents'.
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They are also seeking damages, interest and costs.
The court documents that have been filed say a customer 'would be deceived into thinking, or alternatively would be caused to wonder whether it might not be the case' if they walked into Hungry Jacks and ordered a Big Jack or Mega Jack.
A spokesperson for Hungry Jack's spokesperson said in a statement: "Hungry Jack's has not been served any formal documents from the court and, thus, is unable to provide any comment at this stage."
Featured Image Credit: Hungry Jacks