McDonald’s has issued legal threats against The Burger Effect, an Auckland-based sandwich shop, over the use of the term "Kiwi" in a recipe [1].
The dispute highlights the tension between global corporate trademark protections and the use of regional identifiers by small businesses. Because "Kiwi" is a common colloquialism for New Zealanders, the case raises questions about the limits of brand ownership over cultural terms.
The conflict began in late 2023 [1]. McDonald’s sent a cease and desist letter to the shop in December 2023 [1], asserting that the term is a trademarked element associated with its brand. The company argued that the shop's use of the word was an infringement on those legal protections [1].
"We believe the use of 'Kiwi' is a deliberate attempt to trade on our brand recognition and goodwill," a McDonald’s spokesperson said [1].
David Green, the owner of The Burger Effect, dismissed the notion that the shop intended to compete with or mimic the global chain. He said the dispute was a disagreement over a simple label rather than a business strategy [1].
"It’s just a name, really. We’re not trying to steal their business," Green said [1].
Green indicated that the small business would not easily yield to the corporate pressure. He said that McDonald's has been warned that if they continue with this legal action, the shop will be forced to take further steps [1].
“"We believe the use of 'Kiwi' is a deliberate attempt to trade on our brand recognition and goodwill,"”
This dispute illustrates the aggressive nature of trademark enforcement by multinational corporations. By attempting to restrict the use of a term as culturally ubiquitous as 'Kiwi' in New Zealand, McDonald's is testing the boundary between specific brand assets and general language. The outcome may serve as a precedent for how small businesses in the region navigate naming conventions when faced with global entities.
