Burger King Corporation announced June 16 that the U.S. District Court in Detroit, Michigan, has entered judgment in its favor and against McDonald’s Corporation’s complaint alleging trademark infringement in connection with Burger King Corporation’s use of the trademark Burger King Big Kids Meal. In a decision handed down by the Honorable John O’Meara, the court granted Burger King Corporation’s motion for summary judgment on McDonald’s claims, holding that McDonald’s has no trademark rights in the name Big Kids Meal.
“We previously maintained that McDonald’s filed this case in bad faith, knowing its claims had no basis in fact or law. The summary judgment speaks for itself,” said Barry Blum, vice president and general counsel for Burger King North America. “We knew that the Burger King Big Kids Meal would be a winner since it is the first meal directed to tweens in the fast food category. The suit by McDonald’s was simply sour grapes because we beat them to the punch.”
The Burger King Big Kids Meal program was launched nationwide in Burger King restaurants in June 1999 in connection with the company’s tie in with the Wild Wild West movie.