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Elizabeth Stawicki
St. Paul, Minn.

Eden Prairie restaurant sues McDonald's over slogan

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A long-time Eden Prairie hamburger parlor is suing the McDonald's hamburger chain for unfair competition and infringing on a trademark phrase.

The Lions Tap has been a mainstay for hamburgers in Eden Prairie since the 1950s. It's been the registered owner of the phrase, "Who's your patty?" in Minnesota for the past four years, and has an application for the phrase at the U.S. Trademark and Patent office.

In its federal lawsuit, Lions Tap says, "In a move worthy of the Hamburglar or Captain Crook, McDonald's recently started utilizing Lions Tap's 'Who's your patty' trademark in conjunction with McDonald's Angus burgers."

The lawsuit asks the court to stop McDonald's from using the phrase on its labels, signs, billboards, advertisements and any other goods, and award Lions Tap three times the amount of McDonald's profits or Lions Tap's damages, whichever is greater.

In a written statement issued by McDonald's, the company said: "We have not been served with the complaint, therefore it would be inappropriate to speculate on the allegations or comment on pending legal matters,"