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McDonald's Settles 'Who's Your Patty?' Lawsuit in David v. Goliath Case
The American Lawyer
November 10, 2009
Image: Photodisc Green
The first line of a complaint a Minnesota burger joint filed against McDonald's reads, "This is a case of David versus Goliath."
In the complaint, the Lion's Tap of Eden Prarie, Minn., accuses McDonald's of violating trademark laws by using the phrase "Who's Your Patty?" to market the new McDonald's Angus beef burger. Owners of Lion's Tap claim they registered the "Who's Your Patty?" mark in Minnesota four years ago and filed a trademark application with the U.S. Patent and Trademark Office this year.
McDonald's reached an undisclosed settlement with the Lion's Tap on Thursday, according to court records and the AP. The lead lawyers on both sides did not return calls seeking comment.
Lion's Tap lead lawyer Michael Lafeber pulled out all the stops in terms of his creative prose. After starting with the David versus Goliath line, Lafeber goes on to pen a loving description of Lion's Tap burgers that must be interpreted as an attempt to contrast a family-owned business based on quality with a global chain that pumps out mediocrity.
"Lion's Tap's fresh ground beef, which is individually pattied daily, and its own 'secret' seasoning are just two of the reasons for the success and reputation of Lion's Tap hamburgers. Lion's Tap's hamburgers are simple, hearty, and juicy. Napkins are plentiful and necessary," Lafeber writes.
Lafeber continues on to call McDonald's use of the "Who's Your Patty?" phrase "a move worthy of the Hamburglar or Captain Crook."
McDonald's is usually on the other end of trademark infringement cases, fighting companies who attempt to use the "Mc" prefix, such as "McDentist" or "McBagel." The fast good giant recently lost a court battle in Malaysia when that country's highest judicial body ruled that a small restaurant named McCurry could keep its name.
Briggs & Morgan in Minneapolis represented the owners of Lion's Tap in the action, and IP boutique Banner & Witcoff in Chicago repped McDonald's.
This article first appeared on The Am Law Daily blog on AmericanLawyer.com.
