By Shannon Fiecke

A popular local hamburger joint 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 the 1970s, 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.

“This is one of our branding statements we want to use,” she said.
A few weeks ago, Lions Tap noticed McDonald’s was using the phrase to advertise its Angus burgers, Notermann said, and it has sent a letter to the company asking it to stop. Not only are the words exactly the same, but the lettering style is also similar, she said.

The phrase is on a McDonald’s billboard that greets westbound motorists on Highway 13 in Savage, a short drive from Lions Tap, which is located on old Highway 212, on a bluff overlooking the Minnesota River.

McDonald’s issued this statement: “We have not been served with the complaint, therefore it would be inappropriate to speculate on the allegations or comment on pending legal matters.”

The federal lawsuit – which seeks unspecified monetary damages – is creatively written, reading like a commercial in its boasting of Lions Tap’s “simple, hearty and juicy” and “famous” burgers.

The first line: “This is a case of David versus Goliath.”
“So – where’s the beef between our local favorite ‘David’ (Lion’s Tap) and the might global ‘Goliath’ (McDonald’s)?” the suit asks. “In a move worthy of the Hamburglar or Captain Crook, McDonald’s recently started utilizing Lion’s Tap’s ‘WHO’S YOUR PATTY?’ trademark in conjunction with McDonald’s Angus Burgers.”

Notermann said Lions Tap isn’t acting on the lawsuit right now, but is waiting for McDonald’s to respond.

She said customers are confused about what’s going on with the logo – wondering if Lions Tap is working with McDonald’s.

“We believe that most people identify Lions Tap with (“WHO’S YOUR PATTY),” she said.