LUXEMBOURG: McDonald’s suffered a legal setback against an Irish fast-food competitor as the highest EU court ruled against the global giant’s exclusive use of the term “Big Mac” for its chicken burgers.
The dispute traces back to 2017 when Supermac’s, an Irish chain, contested McDonald’s trademark of “Big Mac” in the European Union after facing opposition to its own trademark application.
Initially, the EU Intellectual Property Office sided with Supermac’s, but on appeal, it upheld the trademark protection for McDonald’s original beef “Big Mac.” However, the General Court in Luxembourg has now revised this decision, stating that McDonald’s cannot claim exclusive rights to the term for chicken burgers. Despite this, McDonald’s retains the trademark for its beef version.
The court reasoned that McDonald’s failed to demonstrate genuine use of the “Big Mac” trademark for chicken sandwiches and related poultry products.
The McDonald’s Chicken Big Mac, comprising two chicken cutlets, cheese, lettuce, onions, pickled cucumbers, and the special sauce, is more readily available outside the EU. McDonald’s has the option to appeal this ruling at the EU’s highest court.
In a statement, McDonald’s acknowledged the ruling, asserting it doesn’t affect their right to use the “Big Mac” trademark.
Pat McDonagh, Supermac’s managing director, hailed the decision as “common sense,” stating it exposes trademark bullying tactics employed by multinational corporations to stifle competition. He viewed the ruling as a triumph for small businesses globally.
