Legal threats as McDonald’s takes exception to a Kiwi toasted sandwich
Friday, 3 July 2026
A Wellington deli - famous for its Reuben sandwich - has run foul of global fast food corporation McDonald’s after naming its toasted sandwich “the McReuben”.
The Mc in the name comes from the competition that On Trays Scheckter's Deli in Kilbirnie is taking part in - the McClure’s Great New Zealand Toastie Takeover.
The deli has been in Wellington since 1998 - first in Brooklyn, then Petone and now in Kilbirnie.
Its Reuben sandwich is what it was known for.
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The sandwich is corned beef with Russian dressing, American cheese mixed with vegetable slaw and McClure’s Bread and Butter pickles on toasted caraway rye sourdough.
Owner Steven Scheckter received a letter from intellectual property lawyers AJ Park on Wednesday and said he was quite taken aback.
“We understand you have created this sandwich as a one-off, as part of The Great New Zealand Toastie Takeover competition. However, McDonald’s cannot allow you to use McREUBEN, even for the remainder of the festival. It therefore requires that you immediately stop using McREUBEN or any other Mc* formative sandwich name,” it said.
It went on to say it would include changing use on their physical and digital materials, as well as informing any relevant third parties (such as the Toastie Takeover competition organisers) to ensure their materials are also amended.
They also included a letter of undertaking to be signed and returned stating Scheckter understands McD Asia Pacific owns, uses and control a Mc family of trademarks and in consideration for no further legal action they will stop using McReuben, now and forever.
Scheckter said it felt like corporate bullying.
“This is not the New Zealand way of doing things,” he told The Post.
After research he decided he would change the name, not looking for a legal fight.
In a letter back he pointed out they are a micro-sized business and in no way a threat to McDonald’s, which does not make a Reuben sandwich.
“This seems like a total overreach.”
However, Scheckter said he would change the name to “MkReuben”.
“We invite you to pop in to our iconic store to try a MkReuben so that you can appreciate the huge disparity between our sandwiches and any McDonald’s offering.”
Trademark disputes are usually about a distinctive mark and about the mark in relation to a particular goods and service rather applying generally.
It’s not the first time McDonald’s has taken on a New Zealand business - in 2019 a Geraldine businessman was given one week to comply with the requests of an international fast food giant, or face action in the High Court.
A sign promoting the soon-to-be-opened Kebab World shop, located on Geraldine's main street, which includes an upside down version of the well known McDonald’s golden arches is attached to the front of the shop.
A letter had been sent to the owner of Kebab World, Ricky Dhaliwal, requesting he stop using the logo.
In 2024, McDonald’s lost a European Union trademark dispute over the Big Mac name after a top European Union court sided on Wednesday with Irish fast food rival Supermac’s in a long-running legal battle.
The EU General Court said in its judgment that the US fast food giant failed to prove that it was genuinely using the Big Mac label over a five-year period for chicken sandwiches, poultry products or restaurants.
It also lost an eight-year trademark battle against Malaysian curry restaurant McCurry
Malaysia's Federal Court has dismissed an application by McDonald's to appeal against an earlier judgment which allowed the curry restaurant to use the prefix ‘Mc’.
McCurry, short for “Malaysian Chicken Curry”, serves Malaysian staples including fish head curry.
McDonald’s has been approached for comment.