McDonald’s lost part of its “Big Mac” trademark in the European Union on Wednesday, ending a long-running dispute with Irish fast food chain Supermac’s.
The EU General Court said in its ruling that the chain had failed to prove it was using the “Big Mac” label on chicken sandwiches and other poultry products, stripping the company of an exclusive, overarching trademark. The ruling does not affect its right to use the “Big Mac” trademark on burgers.
The decision gives the Irish company an opportunity to expand into other EU countries and the United Kingdom, which McDonald’s had tried to stop. Supermac’s filed its case with the EU’s Intellectual Property Office in 2017, arguing the American company hadn’t used its long-held “Big Mac” trademark for anything other than the famous burger in more than five years.
McDonald’s has long sold Big Mac sandwiches (two all-beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun) at its restaurants, but no other menu options currently have “Mac”-related branding. Supermac’s sells a sandwich with the same ingredients called “The Mighty Mac” and a “Brekkie Mac” egg, bacon, and sausage sandwich. The chain is primarily known for its fish and chips.
In the ruling, the court agreed that McDonald’s wasn’t using the trademark outside of the burger despite arguing it sold a “Grand Big Mac Chicken” sandwich in France several years ago.
Supermac’s managing director Pat McDonagh said McDonald’s has long engaged in “trademark bullying to stifle competition.”
“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 said in a statement.
“We knew when we took on this battle that it was a David versus Goliath scenario,” McDonagh said.
With News Wire Services
