McDonald's Loses Trademark Dispute to Supermac's in EU Court Ruling
ICARO Media Group
In a landmark ruling, McDonald's has lost a trademark dispute over the Big Mac name to Irish fast-food rival, Supermac's, in the European Union (EU) General Court on Wednesday. The court sided with Supermac's, 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 beloved hamburger consisting of two beef patties, cheese, lettuce, onions, pickles, and Big Mac sauce, was created in 1968 by a Pennsylvania franchisee. McDonald's claimed that their trademark of the Big Mac name would cause confusion among consumers, opposing Supermac's application to register their company name in the EU as part of their expansion plans.
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 fast-food giant could not prove sufficient use of the name for non-burger categories over the required five-year timeframe. The court ruled in favor of Supermac's, determining that McDonald's did not provide evidence of genuine use for chicken sandwiches, food made from poultry products, restaurant operations, drive-throughs, and preparing take-out food.
McDonald's appealed the partial approval of Supermac's request to the EU court, but Supermac's celebrated the decision as a victory for small businesses against trademark bullying by multinational corporations. Pat McDonagh, Supermac's Managing Director, stated that the ruling is a significant milestone, representing a common-sense approach to trademark use.
It is worth noting that Supermac's does not sell a sandwich under the name Big Mac but offers a similar sandwich called the Mighty Mac, featuring the exact ingredients. McDonald's, however, remains unfazed by the ruling and emphasized that it does not affect their right to use the Big Mac trademark. The company expressed its excitement to continue serving their iconic Big Mac to customers across Europe, highlighting their long-standing presence in local communities.
Although the ruling can be appealed to the European Court of Justice, the highest court in the EU, this can only be done on points of law. McDonald's has indicated that they may exercise this option.
The court's decision not only has implications for burger names but also paves the way for Supermac's expansion into other EU countries. This ruling grants the Galway-based fast-food chain more opportunities for growth and market presence beyond Ireland.
The battle between these two fast-food giants has come to a head, with Supermac's emerging victorious, portraying the outcome as a David and Goliath-style triumph. As this case concludes, small businesses around the world may view this ruling as a significant win against the dominance of large multinational corporations in trademark disputes.