When can a Comparative claim amount to Misleading and Deceptive conduct? McDonalds v Hungry Jacks (2023) provides another example and some further guidance

This article considers the 2023 Federal Court of Australia judgment in the case of McD Asia Pacific LLC (McDonalds) v Hungry Jack’s Pty Ltd (Hungry Jack’s). We analyse the legal arguments regarding comparative claims and misleading conduct, and what it means for food businesses. Even though the McDonalds trade mark was not infringed, McDonalds was successful in its argument that a comparative claim by Hungry Jack’s was misleading and deceptive under the Australian Consumer Law.