McDonald’s Corp. is unlikely to shut down Burger King’s meal promotions targeting kids 7-12, but it could stall its rival long enough to catch up.
McDonald’s is suing Burger King for using the term “Big Kid’s Meal” for promotional meals targeting tweens. A preliminary injunction hearing set for Aug. 20 aired the suit, which charges Burger King with unfair competition by trademark infringement and unfair and deceptive practices. McD’s filed suit June 30 in U.S. District Court in Detroit, two days after BK rolled out its Burger King Big Kids Meal nationally. McDonald’s is asking the court to forbid Burger King’s use of the term “Big Kid’s Meal,” and to order destruction of all promotion and advertising materials using the term, including P-O-P, packaging, and ads. McD’s is also seeking damages triple Miami-based Burger King’s incremental sales since the product’s introduction.
Oak Brook, IL-based McDonald’s applied for trademark of “Big Kid’s Meal” in June 1998 after testing the concept in Detroit that April. It hasn’t run any Big Kid’s Meal offers since then. The company didn’t return phone calls for comment.
The U.S. Patent & Trademark Office wrote McDonald’s last March, and either refused the trademark or asked for more information (it would not specify further). The application was still pending when McDonald’s filed suit. Applications are usually completed within 13 months.
Burger King filed for trademark coverage of the “Burger King Big Kids Meal” tag but not just “Big Kids Meal” because it felt the term was “too generic,” a spokesman said. BK launched the product nationally as part of its Wild Wild West summer promotion. The $2.79 to $2.99 meals have the same toys as Burger King Kids Meals, but bigger portions and a price point 60 cents to 80 cents higher.
“Everyone has a kids’ meal program. The Burger King Big Kids Meal just focuses on the category of bigger kids. You can bet we’ll defend our right to use this name vigorously,” said BK vp-marketing Richard Taylor in a statement about the suit.
Burger King Big Kids Meal is “a permanent part of our menu” and will be tied to all future promotions, the spokesman said. Alcone Marketing, Irvine, CA, handles Burger King promotions.
Meanwhile, McDonald’s is upgrading the toys it gives out in Happy Meals in part to appeal to older kids. Its July tie-in with Disney’s Inspector Gadget bowed the first interconnecting Happy Meal toys: Eight pieces snap together to form a 15-inch Inspector Gadget doll. Simon Marketing, Los Angeles and Oak Brook, IL, handles McD’s promotions.
“The business is so competitive, you’ve got to market against every segment,” says Ron Paul, president of restaurant consultancy Technomic, Chicago. “Tweens aren’t a big segment, but all subsegments are important to McDonald’s growth since it slowed its expansion in the U.S. There’s also a loyalty issue. If kids try Burger King’s Big Kids Meal and decide they prefer the Whopper, McDonald’s could lose them for good.”
There are 24 million kids aged 7-12 in the U.S., which makes the Big meal a big deal.
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