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
