McDonald's loses Big Mac trademark in EU court battle
In a significant legal decision, the European Union General Court ruled that McDonald's has lost its Big Mac trademark, to Irish fast food competitor Supermac's. The court found that McDonald's failed to demonstrate genuine use of the Big Mac moniker over a five-year period for chicken sandwiches, poultry products, and restaurants. The dispute originated when Supermac's applied to register its company name in the EU as part of its expansion plans, which was objected to by McDonald's citing consumer confusion.
Supermac's triumphs in trademark tussle
Supermac's successfully challenged McDonald's trademark registration by filing a 2017 request with the EU's Intellectual Property Office. The Irish fast food chain argued that McDonald's had not used the Big Mac name for certain categories over a five-year period, a requirement for maintaining a trademark in Europe. The court ruled in favor of Supermac's, stating that "McDonald's has not proved that the contested mark has been put to genuine use" for specific products and services.
Supermac's celebrates victory against 'trademark bullying'
Supermac's hailed the court's decision as a significant win against "trademark bullying." The company's managing director, Pat McDonagh, stated that the ruling takes a "common-sense approach to the use of trademarks by large multi-nationals." He further added that it represents a big victory for small businesses worldwide. Interestingly, while Supermac's does not sell a sandwich named Big Mac, it offers one called the Mighty Mac with identical ingredients.
McDonald's unfazed by EU court ruling
Despite the court ruling, McDonald's remains undeterred. The company stated that "the decision by the EU General Court does not affect our right to use the 'BIG MAC' trademark." They expressed excitement about continuing to serve their iconic Big Mac to customers across Europe. It should be noted that this ruling can be appealed to the European Court of Justice, but only on points of law.
