McDonald's Loses Big Mac Trademark Dispute to Supermac's in EU Court Battle
ICARO Media Group
In a landmark decision, McDonald's has lost a crucial European Union trademark dispute over the iconic "Big Mac" name. The EU General Court ruled in favor of Irish fast-food chain Supermac's on Wednesday, stating that McDonald's failed to demonstrate genuine use of the Big Mac label for chicken sandwiches, poultry products, or restaurants over a five-year period.
The Big Mac, a classic hamburger made with two beef patties, cheese, lettuce, onions, pickles, and Big Mac sauce, has been a staple of McDonald's menu since its invention in 1968. However, the court's decision goes beyond the realm of burger names, potentially opening the door for Supermac's expansion into other EU countries.
The legal battle commenced when Supermac's sought to register its company name in the European Union while planning for expansion. McDonald's objected, citing potential consumer confusion due to its existing trademark on the Big Mac name. Subsequently, Supermac's filed a request in 2017 with the EU's Intellectual Property Office to revoke McDonald's Big Mac trademark registration, arguing that the US company failed to prove usage of the name for certain non-burger categories over the specified five-year period.
Following partial approval of Supermac's request by the regulator, McDonald's appealed to the EU court. However, the court has now stated that "McDonald's has not proved that the contested mark has been put to genuine use" in relation to chicken sandwiches, poultry products, restaurants, drive-throughs, and take-out food.
Supermac's has celebrated the decision as a victory against "trademark bullying to stifle competition." Managing Director Pat McDonagh praised the court's common-sense approach and described the ruling as a monumental win for small businesses worldwide. Notably, the Irish company does not sell a sandwich called the Big Mac, but it does offer a Mighty Mac with the same ingredients.
While McDonald's can appeal to the European Court of Justice, the highest court in the European Union, the company remains undeterred by the ruling. They assert that their right to use the "Big Mac" trademark remains unaffected. In a press statement, McDonald's emphasized the continued popularity of their iconic burger among European customers and their dedication to serving local communities.
The outcome of this trademark dispute could have far-reaching implications, not only for McDonald's and Supermac's but also for the protection and enforcement of intellectual property rights within the European Union. As both parties consider their next steps, the stage is set for a potential legal battle at the highest level of the European Court of Justice.