Last week, the Luxembourg Court ruled in favor of an Irish fast food chain, Supermac’s, in their legal battle against McDonald’s in the European Union court. The court found that McDonald’s cannot exclusively claim protection for their chicken burgers under the trademark “Big Mac.” This decision overturned a previous ruling by the European Union Intellectual Property Office that reaffirmed trademark protection for McDonald’s original beef “Big Mac” burgers.
The dispute began in 2017 when Supermac’s attempted to revoke McDonald’s trademark for “Big Mac” in the EU. After initial opposition, the European Union Intellectual Property Office ultimately decided to uphold trademark protection for McDonald’s beef burgers. However, last week’s ruling found that McDonald’s did not demonstrate genuine use of the contested mark in relation to chicken products, and therefore could not claim protection for it.
In response to the ruling, McDonald’s acknowledged its decision and stated that it does not affect their right to use the “Big Mac” trademark on their beef burgers. Supermac’s CEO, Pat McDonagh, welcomed the decision as a victory for small businesses and competition in the fast-food industry. He claimed that they aimed to shed light on McDonald’s alleged abusive use of the trademark to stifle competition.
The chicken version of the “Big Mac,” which contains two chicken cutlets, cheese, lettuce, onions, pickled cucumbers, and special sauce, is more widely available outside the EU. The court’s ruling is seen as a significant win for small businesses and competition in the fast-food industry as it allows other companies to use similar names without fear of being sued by McDonald’s.
