Judge Rules Burger Meals Can Share Moniker

Burger King can continue to sell its “Big Kids Meal” as it battles for preteen appetites with McDonald’s Corp., a judge ruled. U.S. District Court Judge John Corbett O’Meara denied a preliminary injunction that McDonald’s had sought against Burger King to keep it from using the name. The Oak Brook, Ill.-based company sued its smaller rival this summer, saying the Big Kids Meal offered by Burger King in June essentially copied a program it launched last year to lure more preteens into McDonald’s restaurants near Detroit. Miami-based Burger King, a unit of Britain’s Diageo, has said the name “Big Kids Meal,” which McDonald’s unsuccessfully tried to trademark, was a description, not a trademark infringement. “No one owns the English language,” Burger King spokeswoman Kim Miller said. “We’re extremely pleased with the ruling. We feel vindicated.” McDonald’s spokeswoman Lisa Howard said the company would review the ruling before deciding what to do next. “We did what we thought was right, and we still think it was right,” she said. “We will continue to aggressively protect our trademarks.”