McDonaldâs loses major Big Mac court battle

McDonald's has lost a European Union legal battle over its 'Big Mac' trademark. Photo: AAP
McDonaldâs has lost its exclusive rights to the âBig Macâ trademark for some of its burgers in the European Union, after a court ruling.
The EU General Court has ruled in favour of Irish fast food rival Supermacâs in a long-running legal battle.
The court said McDonaldâs failed to prove that it was genuinely using the Big Mac name over a five-year period for chicken burgers, poultry products or restaurants.
The Big Mac is a hamburger made of two beef patties, cheese, lettuce, onions, pickles and Big Mac sauce, according to the companyâs website.
However, Wednesdayâs decision is about more than burger names.
The dispute erupted after Galway-based Supermacâs started eyeing up European expansion plans and applied to register its company name in the EU. McDonaldâs objected, saying consumers would be confused because it already trademarked the Big Mac name.
Supermacâs filed a 2017 request with the EUâs Intellectual Property Office to revoke McDonaldâs Big Mac trademark registration, saying the US company couldnât prove that it had used the name for certain categories over five years.
After the regulator partially approved Supermacâs request, McDonaldâs appealed to the EU court.
âMcDonaldâs has not proved that the contested mark has been put to genuine useâ in connection with chicken burgers, food made from poultry products or services associated with operating fast-food, drive-through or take-out restaurants, the court said, according to a press summary of its decision.
Supermacâs portrayed the decision as a David and Goliath-style victory for small business.
Managing director Pat McDonagh accused McDonaldâs of âtrademark bullying to stifle competitionâ.
âThis is a significant ruling that takes a common-sense approach to the use of trademarks by large multinationals. It represents a significant victory for small businesses throughout the world,â managing director Pat McDonagh said.
The Irish company doesnât sell a burger called the Big Mac but does have one called the Mighty Mac that has the same ingredients.
McDonaldâs was unfazed by the ruling, which can be appealed to the European Court of Justice, the blocâs highest court, but only on points of law.
âThe decision by the EU General Court does not affect our right to use the âBig Macâ trademark,â the company said.
âOur iconic Big Mac is loved by customers all across Europe, and weâre excited to continue to proudly serve local communities, as we have done for decades.â
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