foodwatch International’s Post

Burger Wars 2023: McDonald’s Beef with the Big Jack Burger King and McDonald’s have been slugging it out for decades in the US, but not so much in Australia (at the risk of oversimplification, Burger King became Hungry Jack’s in Australia, with founder Australian Jack Cowin). That was until 2020, when Hungry Jack’s launched the Big Jack and the Mega Jack. McDonald’s, with its Big Mac and Mega Mac, was not happy. It sued, with judgment delivered today in McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412. The Federal Court accepted evidence from Hungry Jack’s chief marketing officer that there was an “element of cheekiness” in the firm’s choice of burger name, and that he “was aware that the name would likely be perceived as a deliberate taunt of McDonald’s”, but found that the brands were not deceptively similar and could coexist, rejecting McDonald’s trademark infringement and related claims. Not surprising really, given that the names were recognisably different, the common-sense likelihood that consumers would not be confused about which restaurant sold the Big Jack or Big Mac, and that McDonald’s had not provided any evidence of deception. So far so good for Jack’s burgers, but they were advertised as having “25% more Aussie beef” than McDonald’s, including in advertisements depicting the burgers cooking, but basing their representations on pre-cooked weights. Turns out that, according to the burger pattie experts, Hungry Jack’s had only 12-15% more beef by post-cooking weight, and that was enough for McDonald's to succeed in its claim that Hungry Jack’s had mislead consumers. How cooking shrinkage sounds in damages or other relief for misleading conduct awaits a further hearing.

Who doesn't love a refreshing Coca-Cola with their golden McDonald's fries? But did you know these fast food giants use strategic FREE gifts to keep us coming back for more? Today, we explore the winning combo of Coca-Cola & McDonald's promotional gift strategy! . . . @cocacola_india #cocacola #coca #mcdonalds #cocacolaindia #haveacokeday #marketing #creativity #marketingagency #marketingstrategy #marketingtips #marketingideas #digitalmarketing #socialmediamarketing #brintmarketingsolutions

Easter means chocolate. A LOT of chocolate. At Juttu, we tackle the typical post-celebration conundrum: leftovers. Foodies can turn to our blog for simple recipes to use up their Easter eggs. An easy way to avoid food waste and to make the most of every ingredient. 🌱♻️ https://lnkd.in/ezvGCmCP

David vs Goliath The case below is an interesting example of how a trademark can easily become vulnerable if it is not used in accordance with the scope of protection, that is, in accordance with the list of products and services from the registration. In this regard, in the case between Supermac's, an Irish fast-food chain and the well-known McDonald's, even a giant like McDonald's lost the battle before the General Court. The General Court holds that McDonald's has not proved that the trademark - Big Mac has been put to genuine use in relation to poultry products and services rendered or associated with operating restaurants, because of which McDonald's lost the EU trademark Big Mac in respect of chicken sandwiches. Take a look!

The European Court of Justice (ECJ) has recently delivered a verdict that strips McDonald's of the right to use the "Big Mac" trademark for chicken sandwiches and any poultry products within the European Union. This decision marks the culmination of a prolonged legal battle between McDonald's and the Irish fast-food chain Supermac's. The Big Mac, a popular hamburger created in 1968, consists of two beef patties, cheese, lettuce, onions, pickles, and Big Mac sauce. The dispute began when Supermac's applied to register its company name in the EU, intending to expand its operations. McDonald's objected, arguing that the similarity in names would confuse consumers. The ECJ found that McDonald's failed to prove genuine use of the "Big Mac" trademark in connection with chicken sandwiches, poultry products, operating restaurants, drive-throughs, and take-out food within the five-year period. The ECJ's decision highlights the importance of demonstrating genuine use of trademarks within the stipulated period. While McDonald's retains the right to use the Big Mac trademark for its classic burger, it has lost the exclusive rights for poultry products, marking a significant win for Supermac's and small businesses facing similar challenges. https://lnkd.in/givKWGGX Akanksha Anand Devanshi Bang #KAnalysis #Newsupdate #legalupdate #landmark #trademarkdispute

An interesting brand collaboration from Aldi and Brewdog. When entering into any collaboration like this each party will need to consider carefully how the other can use their existing IP, license it appropriately, and ensure any resulting goodwill accrues to the right owner. A brand collaboration may also result in the creation of new IP. In these circumstances, the parties need to agree who will own the new IP, who will be responsible for maintaining and enforcing it, and how it can be used. #aldi #brewdog #trademarks #brandcollaborations

FYI: The “Cake Pop Bill” went into effect July 1st. History: In early December of last year, Kelly Phillips, owner of Richmond-based KP’s Kake Pops & Treats, received an email from the Virginia Department of Agriculture and Consumer Services informing her that she was forbidden from selling her baked goods at a holiday pop-up event in which she has participated for the past eight years. At the time, the law stated that homemade foods such as Phillips’ cake pops, which are made in kitchens that haven’t been inspected by a certified official, are only permitted for sale directly out of the home and at farmers markets. The email also told Phillips she couldn’t advertise her products online, even though she was planning to make all of her sales face to face. The new law expands where cottage food (defined as any food made in a home kitchen for sale) businesses are permitted to sell their products and solidifies their right to advertise online. The bill, also allows for cottage food goods to be sold at any temporary event lasting less than 14 consecutive days, including pop-ups in stores or other businesses. The bill also increases the annual gross sales revenue cap from $3,000 to $9,000 for goods that are processed and prepared in a private home without an inspection as is required by food establishments. (HB 759) The legislation clarifies that advertising or promoting homemade goods on social media platforms doesn’t count as actually selling them via the Internet as long as all the transactions take place in person. Here’s the law (HB 759): https://lnkd.in/ek4vdrPM Read more here: https://lnkd.in/eUbJAwy7 Questions? Our business advisors can help. Find your local Virginia SBDC here and schedule an appointment today: https://lnkd.in/gsM6DvGn

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It may serve billions, but McDonald's just got served. The fast food giant was handed a big turkey as a court ruling does away with the golden arches' exclusive rights to use the ‘Big Mac’ trademark when it comes to chicken products in the European Union. While the ruling is a big grimace for Mickey D's, it's bringing a McFlurry of smiles for Irish fast food chain Supermac.  In 2017, McDonald’s filed a case against Supermac, arguing that the Irish company’s use of a similar phrase would confuse customers. Supermac's victory is akin to Birdie the Early Bird getting her fill of Egg McMuffins and hashbrowns. The devil is in the McNuggets that never came to be. While McDonald's trademarked "Big Mac" in 1996 for a broad range of foods including sandwiches, coffee replacements, chicken items, and desserts, the fast food chain's usage in the EU was limited to its iconic double-decker hamburger. In other words, Office Big Mac has yet to make a prolonged appearance. Having said that, Ronald and the powers that be at Mcdonaldland still plan to use Big Mac for other products. As for Supermac, it may not want to push its luck beyond Shamrock Shakes. Golden arches is one thing...golden arcs is another https://lnkd.in/grCnK6Pb #mcdonalds #trademark #europeanunion #brand #fastfood #restaurants #legal

The DTC battle rages on in America. It's not just distillers vs legislators, but those who have strong vested interests in the status quo remaining the same duking it out with aggressive public counters. DTC (or the lack of it) will be a defining factor in what happens next for the spirits marketplace in the US. The biggest factor that sways it for me is that there's now well over 2000 craft distillers there, with tens of thousands of products being made / imported. The top 10 wholesalers account for over 75% of all wine and spirit brands distributed across the country - and they can't conceivably carry all of products. Nor do they want to. The craft industry has matured and for it to continue thriving, this is a singularly critical factor. Why not let them sell direct? The world has changed since all of the early digital disruptors transformed home delivery services. Let alone how expectations for DTC services have consolidated since the pandemic. Wine makers are showing what's possible already. So many other industries have adapted to the new digital era, and to the way consumers want to engage. So, why not for American craft spirits? If it's about health and safety - the rest of the world has shown ways to do it well, how to navigate the issues and establish a well-regulated channel. It's time to stop clutching those pearls. Personally, i think it's time for some progress... #craftdistillery #spiritsindustry #spiritsbusiness #craftspirits #dtc https://lnkd.in/es7R-jV3