The Mornington Blog - Mornington Peninsula Victoria Australia Community news views and Business promotions

Well the name may change but they will still be the best burgers in Town, the golden arches may have won the legal battle but in my books they are the losers. This consumer will make a point of ad-voiding a certain corporate bully, in favor of the The Flash Duck and have a UNO HOOZ Special.

Understand your logic Ian, here's hoping more locals give the arches the thumbs down and the Flash Duck the thumbs up.

The Herald Sun reports that even though he is differentiated by an 'a' in his Mac, Ian MacDonald has nevertheless succumbed to the inevitable and renamed his Rosebud eatery.
It's now called the 'Flash Duck Cafe and Grill - apparently because Mr MacDonald always called his daughter "Duck".

And the most popular burger, formerly known as a 'Macca's special' will henceforth go by the title the 'Uno Hooz' burger.


www.TheFlashDuck.com

Did Goliath Really Win The Fast Food War?

GOLIATH has won a fast food war.

Rosebud trader Ian ``Macca'' Macdonald will change the name of his restaurant Macdonald's Gourmet Burgers after takeaway giant the McDonald's Corporation threatened Federal Court action.

In January Mr Macdonald, who has operated the Pt Nepean Rd business for more than a year, said he would rather be thrown in jail than bow to what he called ``bully tactics''.

In its statement of claim McDonald's said Mr Macdonald's trading name and top-selling burger - the Macca's Special -were ``substantially identical or deceptively similar'' to the `McDonald's or Macca's' trademarks.

But the case never made it to court as the strain on Mr Macdonald's pocket began to bite.

``I know I'm right but I haven't got the money to prove it,'' he told the Leader.

``Even if I'd won I'd have a huge debt and if I happened to lose I'd be destitute for the rest of my life,'' he said.

He will soon rename the business The Flash Duck.

Asked if the two parties had reached a financial settlement, Mr Macdonald said: ``I can't comment''.

But Mr Macdonald may yet have the last laugh.

His Macca's Special will now be known as the UNOHOOZ Special.

McDonald's Australian Public Affairs manager, Sarah Gibbons, said McDonald's was unable to comment.

www.TheFlashDuck.com

Local Support For Our Gourmet Burgers is Heartwarming

Mornington Peninsula Blog

This is a community blog - a personal diary or viewpoint on the web - AND we would love to hear your views too! Blogs have become really important as they let millions of people easily publish their ideas, and millions more comment on them, as the Web is often described. By blogging we are using the Internet actively not passively to help create a sustainable local community.

Check out our local community blog for some recent postings about our Gourmet Burger business here in Rosebud and our fight with McDonalds:

http://www.morningtononline.com/blog/comments.php?id=136_0_1_0_C

It seems its going to take more than community support, for Rosebud trader Ian Macca Macdonald to avoid being stomped on by corporate bullies. Maybe a community boycott of a certain fast food may help persuade them from their course.

After all guys its about consumer choice, and I know what I would rather have scotch fillet burger.

MORE...

Mr Macdonald was inundated with support and media interest after the Leaders exclusive front page story last week about his battle with the US-based McDonalds Corporation.

Mr Macdonald, who runs Macdonald's Gourmet Burgers in Pt Nepean Rd, Rosebud, has received court orders over claims he is in breach of the Trade Marks Act.

Personally I think too many small business have been victims of big business moving into the community. How many have noticed the demise of the local hardware store over the last 10 years, as an example that comes to mind.

Anyway check out Maccas menu and make up your own mind.
I dont think we need some corporate bull dog deciding what we can or cant have.

Ian Macdonald

www.TheFlashDuck.com

US Threat To Aussie Hobby Site

Well.... it is good, but sad, to know that we are not on our own here in Australia...getting sued by some large American corporation that has far too much time on it's hands!!

Sandy Sherger of Ararat, all I can say is if you bring over a quiz for me to do, I'll shout you to a Macca's special.

Good luck Sandy and great work!!

Here is her story:

Holly Ife, consumer reporter

February 02, 2007 12:00am

A PENSIONER running an online movie club as a hobby is the latest to be threatened with legal action by a US law firm.

Sandy Scherger, of Ararat, has been told her website, www.namethatmovie.net breaches intellectual property laws and must close.

This week she received a letter from a New York lawyer who claimed to be acting on behalf of the owner of US and Australia-registered trademarks Name That Tune and namethattune.com.

It stated the client had also registered Name That Video in the US.

"My client has developed a family of Name That . . . marks," the letter said. "Please take notice that your uses of the mark Name That Movie and the domain name . . . constitute infringements on my client's intellectual property rights."

The lawyer claimed Ms Scherger's use of the words Name That Movie would cause his client irreparable damage and demanded she stop using it immediately.

Ms Scherger, a pensioner and stay-at-home mum, said she got no money from her site, which she started eight years ago and ran as a hobby.

"I get nothing from it except the pleasure of running it," she said.

The 1500-1600 subscribers to Ms Scherger's website receive a free Name That Movie quiz twice a week. Correct answers earn them points rather than prizes.

Ms Scherger said she could not afford to change the domain name, which she'd owned since January 1999. "I didn't steal it from anybody."

This week the Herald Sun reported that Ian Macdonald, owner of a Rosebud restaurant called Macdonald's Gourmet Burgers, was being threatened with legal action by McDonald's.

END OF ARTICLE

Ian Macdonald

www.TheFlashDuck.com

Mornington Peninsula Leader "Macs The Taste Test"

We Mac The Taste Test

Tina McGuffie

12 February 2007

IS IT really possible to mistake a burger from Rosebud eatery Macdonald's Gourmet Burgers for one from global fast food giant McDonald's?

Those in charge at McDonald's evidently think so, which is why they've launched a Federal Court challenge in an effort to stop cafe owner Ian Macdonald from selling burgers under his own name.

In a statement of claim lodged by the corporations lawyer's recently, McDonald's alleges Mr Macdonald's trading name and his top selling burger, the Maccas Special, are "substantially identical or deceptively similar'' to theirs.

While McDonald's claims it has suffered "substantial loss and damage'' at the hands of Mr Macdonald, he in turn has vowed to go to jail rather than sacrifice the business into which he has sunk every last cent.

With the phrase "the proof of the pudding is in the eating'' in mind, Leader headed down to Rosebud to judge for itself whether there was any substance to what is shaping up as the Battle of the Burgers.

An absence of golden arches, a children's playroom and drive-through facilities are the first thing that strikes the eager-eyed observer upon entering Mr Macdonald's eating establishment.

A glance at the menu provides a further point of difference: a 160 gram prime scotch fillet burger smothered in triple cream brie cheese and finished with a generous dab of quince paste is not your typical Happy Meal fare.

A single bite out of one of Mr Macdonald's burgers would be enough to persuade even the most unobservant diner that they were not at a McDonald's restaurant.

At an average of $13 each (compared with a Big Mac at $3.45), Ian Macdonald's burgers are in a league of their own.

END OF ARTICLE

We continue to be mesmerised with the extraordinary support that we are receiving during this battle of a worthwhile Australian principle.

Ian Macdonald

www.TheFlashDuck.com

Ian Macdonald Gets Back on the TV

Ian Macdonald appeared on the national television show "9am" on Channel Ten for an 8 minute segment last week.

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Network Ten states:

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"Ian Macdonald of Macdonald's Gourmet Burgers situated in the Melbourne suburb of Rosebud, has just fulfilled his dream of opening a gourmet food establishment with his name on it.

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As soon as he opened, takeaway giant McDonald’s threatened Federal court action over the name.

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Even if Ian wins the case, he will lose a fortune which he can’t afford."

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Ian Macdonald

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www.The Flash Duck.com

Burger Man in Pickle

Holly Ife, consumer reporter

February 01, 2007

ROSEBUD burger baron Ian Macdonald almost bit off more than he could chew when he went public about his bunfight with fast food giant McDonald's.

Yesterday his business, Macdonald's Gourmet Burgers, had the busiest day in its short history as it was flooded with supportive customers.

"I am on my way to buy another 150kg of beef now because we have completely sold out," Mr Macdonald said yesterday afternoon, before reopening for the dinner rush.

"It has been absolutely crazy. I really have to apologise to everyone for the delays, but it was just so unexpected."

Yesterday, the Herald Sun reported that US burger chain McDonald's was threatening Federal Court action over the use of the company name.

McDonald's Australia spokeswoman Sarah Gibbons said "McDonald's" and "Macca's" were registered trademarks of McDonald's Corporation.

"McDonald's, like any company with intellectual property, wants to protect its investment in its image and brand," Ms Gibbons said.

Mr Macdonald said after investing up to $300,000 in his burger joint, he could not afford to change the business name or go to court.

"The only thing I can do is sit here and keep trading. I am stuck in a corner and I have no other options."

Mr Macdonald said he had no wish to hurt the local McDonald's restaurant, which is less than 2km from his business.

"I'm not competition for them. They have their own customers, and I have mine. It's a very different product."

Mr Macdonald said his business name was also his surname and it had been his dream.

"It is all my work. I thought of it, I brought it to life, and I am passionate about it.

"I like to say, with the 'A' (in Macdonald's) you get gourmet," he said.

END OF ARTICLE

Stay tuned!! There is more to come.

Ian Macdonald

www.TheFlashDuck.com

Gourmet Burgers Pack Bigger Punch Than Arch Rival

Gourmet Packs Bigger Munch Than Arch Rival

31 January 2007

By Simon Plant

LET'S not mince words. The Big Mac, at McDonald's, is a benchmark burger. A fast food icon.But that does not mean it reigns supreme.

At Macdonald's Gourmet Burgers in Rosebud, Ian Macdonald is pounding out a "Macca's Special" triple the size of a Big Mac, at nearly quadruple the price ($13.50 versus $3.45).Is it worth the investment?

We visited Macdonald's Point Nepean Rd business and the Golden Arches down the road.

Visually, there was no contest. The Macca's Special is a tower of power and packs plenty of flavour under its toasted Baker's Delight bun. There's beetroot, tomato and a runny egg (free range), rindless bacon, caramelised onion and iceberg lettuce.

The Big Mac was paltry by comparison.

The lettuce far from "crisp", the onion anything but "tasty", and the pickle? Almost missing in action.Buns are a matter of taste. The Big Mac takes the soft option.

McDonald's also prides itself on 100 per cent beef. But the patty I sampled was no match for Ian Macdonald's generous slab of quality scotch fillet steak.

It's partnered with a piquant homemade tomato sauce that puts the "world famous Big Mac sauce" to shame.

Macdonald reckons big competitors "will never make the sort of burger I do" because the raw ingredients are costly.

But McDonald's need never worry about feeding customers faster.

Yesterday afternoon, we had a Big Mac in our hands in just under a minute. The Macca's Special took 22 minutes.

Is it worth the money?

Macdonald's burger certainly outshines its competitor in flavour and freshness.

It's a gourmet treat but not everyone wants a meal when they order fast food.Just a bite.

END OF ARTICLE


Ian Macdonald

www.TheFlashDuck.com

It's a David and Goliath Battle of the Burger

Ian Macdonald of Macdonald's Gourmet Burgers, appeared last week on Channel 7 in Australia.

Reporter: Jonathan Creek

Broadcast Date: January 30, 2007

Ian Macdonald is in a "David and Goliath" fight with hamburger giant McDonalds over his cafe name. And he refuses to back down.

It is not often Ian 'Macca' Macdonald is the small fry in a fight, but in this case the humble burger flipper is taking on the Big Mac of fast food chains.

"I've been known as Macca since I was three years old, which is a hell of a lot longer than they've been in business, I'm sure," Mr Macdonald said.

"I've also been known as Big Macca, Little Macca and lots of other Maccas."

Last year, Ian opened up a gourmet burger restaurant in Rosebud on Victoria's Mornington Peninsula, bearing his Macdonald family name.

He knew he might cop more than just heat off the grill from lawyers representing the other Macdonalds, so went to painstaking lengths to make his upmarket menu and single-fronted shop look a lot different.

"You'll see I have gone to great lengths to have nothing that resembles their product, there's no golden arches, the colours are totally different," Mr Macdonald said.

"We are licensed, we have wine and beer and BYO as well, there's no licensed McDonalds in Australia I'm aware of."

Lawyers representing McDonalds family restaurants are now ordering Ian to change the name of his gourmet burger outlet or close down.

Documents filed with the Federal Court claim Ian is in breach of the McDonalds trademark.The worldwide chain fears customers might confuse Ian's shop and his gourmet burgers with their world famous brand.

"They are saying they have trademarked my name," he said. "They say they have trademarked Macca and how they have done that has got me beat because there is no 'a'."

"They can trademark Mucca or Micca but you can't trademark Macca," Mr Macdonald said. thats my name and anyone else who is called macdonald, macguiness or macguila cutty. They are all known as maccas.

Also in the lawyers' sights is Ian's number one burger: the Macca special. Standing an impressive 22cm tall, it dwarfs its opposition.

But to be fair, the two all beef patties, special sauce, lettuce, cheese, pickles, onions, on a sesame seed bun, has one ingredient Ian's does not: the pickles.

"Maybe I should call mine the Big Macca," he said.

It seemed there was no confusion among the customers.

"If they are out to bankrupt me, good luck to them, but I've got nothing to lose," Mr Macdonald said.

"I'll go to jail rather than be pushed out and obliterated and bullied into shutting the business.
"I am going to stay open, sell my burgers, protect my family name and they can go to blazes."

Good on ya Macca. You're fighting for every honest hardworking business owner in Australia.

Don't let the Turkeys get ya down!!

Ian Macdonald

www.TheFlashDuck.com

Macdonald's Gourmet Burger Battle With The Lot

Well we have been causing quite a stir all over the country!

Macdonald's Gourmet Burgers Swings From The Arches

Above is the front page of the local paper, The Mornington Peninsula Leader, that started the landslide of sympathy for our client, Ian Macdonald, of Macdonald's Gourmet Burgers.

As you can see from the postings in this blog, lots have happened since . . . including radio and TV appearances all over the country.

Ian Macdonald is making great leverage of his plight, on his website at www.macdonaldsgourmetburgers.com, when discussing his situation with the press and the media.

THE ARTICLE READS:

Macdonald's Gourmet Burgers Swings From The Arches

THE humble hamburger is at the centre of a fast food war that looks set to be battled out in the Federal Court of Australia.

Rosebud trader Ian "Macca'' Macdonald, who since early last year has run Macdonald's Gourmet Burgers in Pt Nepean Rd, Rosebud, has vowed he would rather be thrown in jail than agree to what he calls "bully tactics'' by the US-based arm of the McDonald's Corporation.

Mr Macdonald, who says he has been known only as "Macca'' for more than 50 years, this month received court orders over claims he is in breach of the Trade Marks Act.

Fast food giant McDonald's, which has a franchise about 2km from Mr Macdonald's store in Rosebud, has demanded the burly trader immediately shut down his small-time burger-flipping operation.

In the statement of claim, lodged by legal firm Spruson and Ferguson Lawyers, it is alleged Mr Macdonald's trading name, and his top-selling burger called the Macca's Special, are "substantially identical or deceptively similar'' to the 'McDonald's' and 'Macca's' trademarks.

"The (McDonald's) Corporation has suffered substantial loss and damage and will continue to unless the conduct of the respondents is restrained by the court,'' lawyer Simon Williams said.

But Mr Macdonald said he had invested every cent he had into the business and vowed to fight the battle all the way.

"I can't see what the problem is. My shop colours are completely different and my burgers are made with 160 gram scotch fillets; people come from all over Melbourne for them,'' he said.

"I could have called my burger the Big Macca because I am Macca and it's obvious I'm pretty big.''

Mr Macdonald said he was puzzled why the legal challenge had come after he had already spent $100,000 fitting out and advertising his shop.

"I don't have the money to fight them in court so they'll have to send me to jail.''Melbourne University trademark expert Jason Bosland said the case would be decided on a number of key factors, including whether the similar names were likely to mislead customers.

"There is also a defence if the trademark is someone's personal name, but it must be proved that it was used in good faith and not to try and trade off the good will of the well-known McDonald's brand.''

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END OF ARTICLE

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Thanks Darrell for the wrap!

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Ian Macdonald

www.TheFlashDuck.com