Fast food chain RocoMamas has “granted permission” for small take-aways Rack ’n Grill to use its trademark “Smash Burger” name on its menu.
After a “positive” meeting between the parties following a much-publicised food fight, The Spur Group, which owns RocoMamas, also apologised to its customers.
However, Muammer Kasu of the Rack ‘n Grill is seething and rejected the “joint” statement, saying it was published without his approval.
Last Wednesday RocoMamas slapped Kasu with a lawyer’s letter demanding he stop using the name Smash Burger.
A letter from chief executive Anton Geldenhuys stated that RocoMamas was the registered proprietor of the “Smashburger” and demanded that Kasu immediately remove it from his “menu, marketing, advertising materials... within 48 hours”.
But the Mandalay chef didn’t smaak the fast food giant’s bullying tactics and decided to stick to his buns.
In December, Kasu opened the Rack ‘n Grill on Plein Street, just metres from a RocoMamas branch.
He claims his Smash Burger was created in 2015, before RocoMamas started operating.
RocoMamas’s statement yesterday said: “Following the meeting on Tuesday, RocoMamas confirms that Rack ‘n Grill has been granted permission to utilise the RocoMamas registered trademark, ‘Smash Burger’, for its current business format.
“Going forward, RocoMamas will address the manner in which these matters are handled and sincerely apologises to its customers and all affected.”
But Kasu rejected this, saying “they went ahead and published their own [statement] without our approval”.
“We strongly deny the contents thereof. It is also a stark contrast to the preliminary agreements reached between the parties.
“For the sake of all small businesses who were subjected to and succumbed to corporate bullying, we still stand tall and firm along with our supporters against this injustice and a mockery of our goodwill.”
Scores of small businesses have come out in support of Kasu.
One of them is The GrillFather, which this week promoted its own Smash Burger in a 47-second video.
It shows a couple in a romantic setting, and the woman whispers: “Do you wanna smash?”
The guy, thinking he’s going to have sex, starts taking off his pants, but is left disappointed when the woman returns with a burger.
“Not just any burger, the RNG Smash Burger from The GrillFather,” she declares.
Owner of the Woodstock branch, Naeem Hussain, says they started selling the Smash Burger on Saturday in support of The Rack ‘n Grill.
“The GrillFather decided to sell the burger in support of the small business, with Muammer’s permission, we are using the same ingredients and added a little more, but it is still the same burger,” he says.
mandilakhe.tshwete@inl.co.za