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Lion's Tap settles trademark suit against McDonald's

Eden Prairie's Lion's Tap will keep its "Who's Your Patty?" slogan after suing the corporate giant, alleging trademark infringement.

By HERÓN MÁRQUEZ ESTRADA, Star Tribune

Last update: November 5, 2009 - 7:08 PM

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The Lion's Tap restaurant has settled its trademark infringement lawsuit against McDonald's over the corporate giant's use of the slogan "Who's Your Patty?"

"It's our trademark," said Bonnie Notermann, co-owner of the Eden Prairie restaurant, and "we will be using it."

Lion's Tap filed the lawsuit in federal court in August, claiming the slogan it had used since 2005 had been usurped by McDonald's and used by the Fortune 500 company to launch its Angus burger.

A notice was filed Thursday in Minneapolis federal court stating that the suit had been settled.

"We reached a mutually satisfactory resolution," said Michael Lafeber, attorney for Lion's Tap. "I won't go into the details."

"The matter has been resolved," McDonald's said in an e-mailed statement. "Both parties reached a mutual satisfactory agreement. The terms of that agreement are considered confidential."

Notermann said she also could not go into details, other than to say that Lion's Tap -- which has a single location on Flying Cloud Drive in Eden Prairie -- is keeping the slogan and that it is not lending it or leasing it to McDonald's, the world's largest food-service retailer with more than 31,000 restaurants worldwide.

Does that mean McDonald's will stop using the slogan? "Draw your own conclusions," said Notermann.

Although neither side disclosed how much, if any, money changed hands, Lion's Tap was seeking exclusive use of the phrase and also monetary damages from McDonald's.

However, the stipulation of dismissal filed in federal court indicates the victory might not have been a roaring success financially for Lion's Tap.

"All claims ... are dismissed with prejudice and without costs and disbursements of attorney's fees to either party," Thursday's filing stated.

Lion's Tap, a Twin Cities institution among food aficionados, filed the lawsuit after its owners noticed that McDonald's was using "Who's Your Patty?" in billboards and ads in Minnesota and around the country.

"In a move worthy of the Hamburglar or Captain Crook, McDonald's recently started utilizing Lion's Tap's 'Who's Your Patty?' trademark," the lawsuit alleged. "Lion's Tap is forced to 'grimace' and commence this lawsuit to protect its valuable 'Who's Your Patty?' trademark."

Heron Marquez Estrada • 612-673-4280

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