Insights from McDonald's vs. Hungry Jack's: Trademark Law and Misleading Conduct

Discover the legal showdown between McDonald's and Hungry Jack's with insights from HTW Legal Group.

In a recent legal clash between McDonald’s and Hungry Jack’s, trademark law and misleading conduct were put to the test. HTW Legal, a leading team of experienced Gold Coast Lawyers centrally located in Southport, has taken a keen interest in this case and would like to use it as an opportunity to share key insights into the outcome, as well as what can be learned from this highly publicised legal battle.

The Burger Battle:

In 2023, McDonald’s took legal action against Hungry Jack’s, alleging trademark infringement and misleading conduct related to their new burgers, Big Jack and Mega Jack.

Trademark Infringement:

McDonald’s claimed that the names of Hungry Jack’s burgers were deceptively similar to their trademarks, BIG MAC and MEGA MAC. However, the court ruled in favour of Hungry Jack’s, stating that consumers were unlikely to confuse the names. This ruling underscores the importance of objectively assessing trademarks, regardless of brand reputation or surrounding branding.

Misleading Conduct:

McDonald’s further argued that Hungry Jack’s had engaged in misleading and deceptive conduct by claiming that Big Jack had “25.0% more Aussie beef” than BIG MAC. Hungry Jack’s demonstrated that their uncooked burger patties were indeed 25.0% greater than McDonald’s. However, the court found that Hungry Jack’s had breached the Australian Consumer Law because the cooked weight of beef in each burger differed by approximately 12-15%. The Judge emphasised that consumers typically consider cooked weight as the defining factor in their purchase decision. Thus, the disparity between uncooked and cooked weight amounted to misleading conduct, emphasising the importance of aligning product distinctions with consumers’ real purchasing considerations.

Key Takeaways:


Assess trademarks objectively, without considering brand reputation or surrounding branding.

When checking trademarks, it's crucial to be fair and not let a brand's fame or other branding sway your decision. Simply focus on the trademark itself – how unique it is and whether it might confuse consumers. This way, we make sure all businesses have a fair chance, no matter their size. It's about being fair and ensuring everyone has an equal opportunity under trademark law.


Avoid making claims that could mislead consumers:

Don't say things that might trick customers, especially regarding essential product features like weight. It's important to be honest and clear about what you're selling, so people know exactly what they're getting. If you're not truthful, it can confuse people and make them feel cheated. So, always keep it straightforward and accurate to build trust with your customers.


Ensure that product distinctions align with consumers' real purchasing considerations to avoid misleading conduct.

Make sure the ways you describe your products match what customers really care about when they buy them. This helps avoid confusing or misleading them. For instance, if you advertise a phone as being very fast, but it's actually slow, that's not honest. People buy phones for speed, so it's important to be truthful about it. By being clear and aligning your product descriptions with what customers value, you build trust and satisfaction.


The McDonald’s vs. Hungry Jack’s case offers valuable insights into trademark law and consumer protection. HTW Legal’s keen interest in this case demonstrates their commitment to staying abreast of legal developments to better serve their clients. For expert guidance on trademark law and legal compliance, trust the experienced lawyers at HTW Legal. Their insights into this case can help businesses navigate trademark laws effectively and ensure compliance with consumer protection regulations.

Image Courtesy of Pedestrian TV


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The posts in this blog are published as general information only. They are not intended to nor do they constitute legal advice. HTW Legal Group strives at all times to provide users with accurate information but we do not guarantee that the information contained in this blog reflects accurately current law or procedure.

You should not act or refrain from acting in any matter based upon the information contained in this blog without first seeking the advice of a lawyer who practices in the area of law related to your matter. Do not hesitate to contact HTW Legal Group to make an appointment with one of our team of experienced lawyers to obtain advice tailored to your personal situation.