Lions Tap Restaurant Says McDonald’s Stole Logo
Shannon Fiecke of the Shakopee Valley News reports:
A popular local hamburger restaurant has a beef with McDonald’s, one so big it’s taking on the industry Goliath for trademark infringement.
Lions Tap filed a lawsuit against McDonald’s in federal court on Aug. 28, claiming the fast-food giant stole its trademarked logo, “Who’s Your Patty?”
Bonnie Notermann of Shakopee, who has owned the Eden Prairie restaurant with her husband Bert since 1977, said they use the logo in every aspect of Lions Tap advertising. The phrase is on company T-shirts, newspaper ads and headlines the restaurant’s Web site.
“It’s a well-known statement that we have — just like the many, many McDonald’s ones that no one else would use,” Notermann said. “I’m not sure how they couldn’t be familiar with the fact that someone else is using it. It’s not like we just started.”
Lions Tap began using the logo in 2005, developing it with the intention of using it in franchising, Notermann said.
It has a Minnesota patent for the phrase and also owns a federal patent application.
Besides confusing current customers, Notermann said McDonald’s use of the phrase will be problematic as her restaurant starts franchises in Minnesota and other states.
