Hungry Jax advertise on television their new burger called 'Giant Jax' burger. The 'Giant Jax' burger has
Question:
Hungry Jax advertise on television their new burger called 'Giant Jax' burger. The 'Giant Jax' burger has many similar ingredients to a 'Giant Mac' burger sold by MacDougalls. Both burgers feature a sesame seed bun, two beef patties, lettuce, gherkins, cheese and a third slice of burger bread in the middle. There are differences in the burger recipes also. The Hungry Jax 'Giant Jax' burger has more burger meat than MacDougalls' 'Giant Mac' burger. Hungry Jax also use a different bun recipe and a different sauce for the 'Giant Jax 'burger than MacDougalls' use in the 'Giant Mac' burger. Hungry Jax state in their advertisement that the 'Giant Jax' burger is "better than another burger sold by an unnamed competitor". MacDougalls claim that consumers would confuse the 'Giant Jax' burger with the 'Giant Mac' burger and this would reduce MacDougalls' profits. MacDougalls wants to take legal action to stop Hungry Jax using the name 'Giant Jax' for the burger as MacDougalls state it is misleading or deceptive. 3. Is Hungry Jax burger name 'Giant Jax', misleading or deceptive under Australian Consumer Law (ACL)?