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.
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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
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