USA: Once Again Court Rules in Favor of Burger King In Big Kids Meals Case vs. McDonald’s

Burger King Corporation announced today 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.Burger King Corporation and its franchisees operate more than 10,950 restaurants in all 50 states and 58 countries and international territories around the world, with more than 92% of BURGER KING® restaurants owned and operated by independent franchisees. Since the company's founding in Miami in 1954, the BURGER KING® brand has become recognized for great flame-broiled taste and HAVE IT YOUR WAY® food customization. In fiscal year 1999, the BURGER KING® system has system-wide sales of $10.9 billion. Burger King Corporation is a part of Diageo, the international food and drinks company, that includes such brands as Pillsbury, Haagen Dazs, and Guinness. To learn more about the BURGER KING® system, please visit the company's Web site at