Burger battle royale: Hungry Jack's burgers make a comeback after legal beef with Macca's!

The fast-food landscape in Australia is as competitive as it is delicious, with giants like McDonald's and Hungry Jack's vying for the top spot in the hearts, minds, and stomachs of Aussies nationwide.

In a twist that seems straight out of a corporate David vs. Goliath story, Hungry Jack's has recently emerged victorious from a legal tussle with McDonald's, bringing back its Big Jack and Mega Jack burgers to the delight of its fans.

However, could it be that the lawsuit itself has inadvertently given Hungry Jack's an upper hand in the burger wars? Let's unwrap the story behind the return of these cult favourites.


In 2020, Hungry Jack's introduced the Big Jack and Mega Jack burgers, which were met with immediate fanfare.

However, the celebration was short-lived as McDonald's, known locally as Macca's, filed a lawsuit claiming that Hungry Jack's had infringed upon its trademark Big Mac and Mega Mac burgers.

The case sizzled in the Federal Court, with McDonald's arguing that the similarity in names and presentation could deceive customers into thinking they were purchasing a Macca's product at Hungry Jack's.


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Hungry Jack's brings back Big Jack and Mega Jack burgers after winning a trademark battle with McDonald's. Credits: Hungry Jack’s


The court proceedings were as juicy as the burgers in question, with evidence presented that Hungry Jack's marketing team had intentionally created a 'club-style sandwich' to compete directly with the Big Mac, akin to the 'Big King' burger sold at Burger King franchises internationally.

Hungry Jack's also defended its position, asserting that while the name had an ‘element of cheekiness’, it did not believe there was any risk of confusing the origin of McDonald's and Hungry Jack's burger offerings.

After all these, Justice Stephen Burley ultimately ruled in favour of Hungry Jack's, stating that Big Jack and Mega Jack were not deceptively similar to their McDonald's counterparts.

He noted that the purpose was to 'invite a comparison and contrast' rather than to ‘mislead’.


Hungry Jack’s CEO, Chris Green, stated that the iconic items were reintroduced due to high demand from customers.

With the court case settled, Mr Green expressed his desire for Australia to be the ultimate judge of their most famous tagline.

‘You ask anybody what they think of Hungry Jack’s they always say: “The burgers are better,”’ he stated.

‘It’s not just a slogan or a logo—we really believe in it. So when this legal matter came about we really decided to stand firm, we believed we’d done the right thing.’

‘In a lot of regards we see ourselves as the little Aussie battler; so we’re not the Goliath of the industry,’ Mr Green added.

Mr Green emphasised the importance of the company defending its rights but also stressed that it still values competition and maintains a friendly rivalry with the well-known Golden Arches.

‘We like to have a bit of fun. There’s space for all of us in the market,’ he said.


Scott Baird, the Chief Marketing Officer of Hungry Jack’s, stated that the fast food chain had responded to its dedicated fans by bringing back the beloved food items.

‘We’re thrilled to announce the return of the Big Jack and Mega Jack burgers, even more excited to bring them back bigger and better than ever, packed with flame-grilled Aussie flavour and boundless deliciousness for our burger-loving community,’ he declared.

The Big Jack and Mega Jack will be back in Hungry Jack’s stores across the country from May 7 for a limited time.

Customers can find them in-store, through the drive-thru, or order online for delivery via the Hungry Jack’s App or delivery partners.


Hungry Jack's, which operates the Burger King brand in Australia, was accused of not only mimicking the name but also boasting in advertisements that their burgers contained ‘25 per cent more Aussie beef’ than the Big Mac.

However, this claim was later found to be a misrepresentation, as the actual weight difference was between 12.5 per cent and 15.3 per cent, falling short of the advertised figure.

‘The above results demonstrate, with a very considerable margin of error, that the weight difference is significantly less than 25 per cent,’ Justice Stephen Burley said.

‘Accordingly, I conclude that the misrepresentation case is made out.’


In the fast-paced world of fast food, competition is always sizzling, and recent developments have stirred up even more excitement.

As Hungry Jack's brings back its iconic Big Jack and Mega Jack burgers, following a legal tussle with McDonald's over trademark infringement, the battle for burger supremacy continues to heat up.

However, amidst all the burger buzz, there's another newcomer set to make waves in the Australian fast-food scene and is gearing up to shake things up Down Under, promising a fresh flavour and a new twist to the culinary landscape.
Key Takeaways
  • Hungry Jack's reintroduced its Big Jack and Mega Jack burgers to its menu after winning a trademark infringement legal battle against McDonald's.
  • The fast-food company faced court action from McDonald's over claims that the Big Jack and Mega Jack infringed on the Big Mac and Mega Mac trademarks, but the Federal Court ruled in favour of Hungry Jack's.
  • Despite the legal challenge, Hungry Jack’s CEO Chris Green emphasised the return of the burgers by popular demand and their belief in the quality of their products, identifying with the 'little Aussie battler'.
  • While Hungry Jack’s celebrated its win in the trademark case, the court found that the company breached Australian Consumer Law regarding claims of having '25 per cent more Aussie beef' compared to the Big Mac, as the weight difference was noted to be less than the advertised figure.
What are your thoughts on this burger battle? Have you tried the Big Jack or Mega Jack, and if so, how do they stack up against the Big Mac? Does the story of Hungry Jack's legal victory make you more inclined to support them?

Share your thoughts and experiences in the comments below!
 
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Don't get too fussed with big this or mega that, but whomever brings back the English Brekky Wrap will make a fortune.
 
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I Don't go to either store
Hamburgers look like flat pancakes when you purchase them, nothing like the pictures they plaster all over their stores or on their advertisements.
They don't taste that great either, I'd rather make my own.
If I want a lazy night and can't be bothered to cook, I always opt for a Chinese take away, much healthier.
 
I've only eaten Hungry Jacks once, 12 years ago only because not much else was open in Muswellbrook, I was sick next day from both ends. I have never eaten this crap ever again & I detest the smell of it. Rarely eat at any of these Plastic food outlets, it's just overpriced junk.
 
Am I the only one who has never had a Big Mac or a Hungry Jacks whatever? I used to like their ice cream til one made me ill and we did go to Mac Donald’s for coffee when Teds mum was very ill in hospital.
 
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McDonald's, in all it "monopolistic" mindset, even forced a hamburger joint to close on the Gold Coast about 15 years ago.

The takeaway's crime? The proprietor's name was McDonald and his business sold McDonald's hamburgers. And the strange fact was that the Gold Coast business was in existence before McDonald's placed its ugly feet onto Australian soil!
 
McDonald's, in all it "monopolistic" mindset, even forced a hamburger joint to close on the Gold Coast about 15 years ago.

The takeaway's crime? The proprietor's name was McDonald and his business sold McDonald's hamburgers. And the strange fact was that the Gold Coast business was in existence before McDonald's placed its ugly feet onto Australian soil!
I remember reading about that and being cross!
 
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I love your memory!!

Alzheimer's is not in our vocabulary!
No not in mine either! i visited my friend yesterday who ,unfortunately has dementia. She answered the door and said I’ve folded the towels & I don’t know what to do with them. I very gently suggested putting them in the cupboard but she’d forgotten where it was so we went looking & found it. It’s heartbreaking because we used to have amazing conversations. When I went home I instructed my husband to put me down if I ever get it.
 
I Don't go to either store
Hamburgers look like flat pancakes when you purchase them, nothing like the pictures they plaster all over their stores or on their advertisements.
They don't taste that great either, I'd rather make my own.
If I want a lazy night and can't be bothered to cook, I always opt for a Chinese take away, much healthier.
 
I prefer a hamburger from our local chip shop
You are so lucky to have a local shop - on the GC its either Macca, Hungry Jacks or the usual multinationals - God how I would love to eat an honest to goodness Aussie burger or even a piece of fish & chips - made at the local takeaway shop.🍔
 
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