McDonald's has lost a significant legal battle in the European Union over the trademark rights to the name "Big Mac," following a ruling in favor of Irish fast food chain Supermac's. The decision by the EU General Court marks the end of a long-standing dispute between the two companies and potentially paves the way for Supermac's to expand across Europe.
The conflict began when Supermac's, based in Galway, Ireland, sought to register its name as a trademark in the EU as part of its expansion strategy. McDonald's opposed this move, arguing that consumers could confuse the Supermac's name with the Big Mac, a flagship McDonald's product. In response, Supermac's filed a request with the EU Intellectual Property Office (EUIPO) in 2017 to revoke McDonald's Big Mac trademark, claiming the American company was not using the name for various products beyond the famous burger.
The EU General Court found that McDonald's failed to prove genuine use of the Big Mac trademark for products such as chicken sandwiches and other poultry items over a five-year period. The court also ruled that McDonald's did not sufficiently demonstrate the use of the trademark in connection with running restaurants and drive-through services.
"McDonald's has not proved that the contested mark has been put to genuine use in connection with chicken sandwiches, food made from poultry products, or operating restaurants and drive-throughs and preparing take-out food," the court said, as per Irish Examiner.
This ruling is seen as a major victory for Supermac's, whose founder, Pat McDonagh, likened the outcome to a David and Goliath battle. He accused McDonald's of engaging in "trademark bullying" to stifle competition and expressed that the decision supports smaller businesses worldwide. The Irish chain does not offer a product named Big Mac but does serve a similar item called the Mighty Mac.
"This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals. It represents a significant victory for small businesses throughout the world," McDonagh told RTE News.
McDonald's maintained that the decision would not impact its ability to use the Big Mac name in Europe. The company emphasized the continued popularity of its Big Mac across the continent and expressed its commitment to serving local communities.
"The decision by the EU General Court does not affect our right to use the 'BIG MAC' trademark. Our iconic Big Mac is loved by customers all across Europe, and we're excited to continue to proudly serve local communities, as we have done for decades," McDonald's said in a statement.
While the ruling can be appealed to the European Court of Justice (ECJ), it can only be challenged on points of law.
