Bert and Bonnie Notermann, proprietors of Eden Prairie, Minnesota eatery Lions Tap, are unhappy customers this week as they’ve sued McDonald’s over the latter’s use of the tagline “Who’s Your Patty?” in their Angus Third Pounder burger ads.
The couple, who has owned the 50-year-old Lions Tap since the 70s, filed a copyright suit with the U.S. District Court that charges the Oak Brook, IL mega-chain with trademark infringement, statutory unfair competition, false designation of origin and unjust enrichment according to Nation’s Restaurant News.
The Notermanns claim to have used the slogan/logo since 2005, branding it onto t-shirts, newspaper ads and the Lions Tap website. Speaking to the Eden Prairie News, Bonnie Notermann says that McDonald’s use of the phrase will be problematic as her restaurant is soon rolling out franchises in Minnesota and other states.
McDonald’s, which has yet to comment on the matter, hasn’t faced this type of small fry contender since McDowell’s on Queens Boulevard some 20 years ago.
More: “WTF McDonald’s?”