ST. PAUL Minn. When an independent restaurant takes on the world’s largest hamburger chain, as the family-owned Lion’s Tap has done in its trademark infringement lawsuit filed here Friday against McDonald’s Corp., it only could be called a case of David versus Goliath. As it happens, Lion’s Tap has done just that in the formal complaint submitted to U.S. District Court.
Not only did Lion’s Tap explicitly state, “This is a case of David vs. Goliath,” but the Eden Prairie, Minn., restaurant also alleged that, “in a move worthy of the Hamburglar,” McDonald’s used Lion’s Tap’s trademark “Who’s your patty?” to advertise the new Angus Third Pounder line of burgers. Lion’s Tap said it was “forced to ‘Grimmace’ and commence this lawsuit to protect its valuable ‘Who’s your patty?’ trademark.”
Yet for all its clever puns derived from McDonald’s trademarks, Lion’s Tap is seriously suing Oak Brook, Ill.-based McDonald’s for trademark infringement, statutory unfair competition, false designation of origin and unjust enrichment. Lion’s Tap is seeking a jury trial and to recover lost business and McDonald’s profits from the sale of any products associated with the disputed “Who’s your patty?” trademark.
Lion’s Tap first used the “Who’s your patty?” slogan in August of 2005, according to a certificate of registration from the Secretary of State of Minnesota. The certificate was issued for the state of Minnesota on Aug. 18 of this year. McDonald’s rolled out its Angus Third Pounders nationwide in early July after a long test period.
“McDonald’s acts of infringement have caused Lion’s Tap damages,” the company wrote in the complaint, “and Lion’s Tap seeks judgment for McDonald’s profits made by McDonald’s unauthorized and infringing use of Lion’s Tap’s trademarks, for the damages sustained by Lion’s Tap, and for all costs necessary to remediate the infringing uses and their effects.”
The restaurant also claimed that McDonald’s use of the “Who’s your patty?” slogan on its marketing materials hurt the capacity of Lion’s Tap’s trademark to identify and distinguish its hamburger products from those of McDonald’s. Lion’s Tap said the injuries it sustained from McDonald’s actions included loss of customers and the dilution of good will built up from four years of using the slogan.
AMcDonald’s spokeswoman said, “We have not been served with the complaint, therefore it would be inappropriate to speculate on the allegations or comment on pending legal matters.”
Contact Mark Brandau at [email protected].
