McDonald’s has lost a significant legal battle against the Irish fast food chain Supermac’s after the top EU court ruled Wednesday that McDonald’s cannot exclusively use the “Big Mac” name for its chicken burgers. This legal dispute, which began in 2017, saw Supermac’s challenge McDonald’s “Big Mac” trademark in the European Union after McDonald’s opposed the Irish chain’s own trademark application in the region.
Background and EUIPO decision
Initially, the EU Intellectual Property Office (EUIPO) sided with Supermac’s, revoking McDonald’s “Big Mac” trademark. However, upon appeal, the EUIPO reaffirmed the trademark protection for McDonald’s beef “Big Mac” hamburgers.
General court ruling
The Luxembourg-based General Court altered this decision on Wednesday, determining that McDonald’s cannot claim trademark protection for the chicken version of its iconic burger, though the original beef version remains protected. The court stated, “McDonald’s has not proved that the contested mark has been put to genuine use as regards the goods ‘chicken sandwiches’, the goods ‘foods prepared from poultry products'” and associated services.
Details of the Chicken Big Mac
The McDonald’s Chicken Big Mac, consisting of two chicken cutlets, cheese, lettuce, onions, pickled cucumbers, and the special Big Mac sauce, is more commonly available outside the EU.
Appeal and statements
McDonald’s acknowledged the ruling in a statement, noting that it “does not affect our right to use the ‘Big Mac’ trademark.” The company has the option to appeal the decision at the EU’s highest court.
Supermac’s managing director, Pat McDonagh, praised the decision as a “common sense” ruling, stating that the original objective was to highlight the use of trademark bullying by multinationals to stifle competition. He added that the ruling “represents a significant victory for small businesses throughout the world.”
