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