By D.W.G. Kalani Tharanga, JadeTimes News
Trademark Tussle: McDonald’s vs. Supermac’s
The End of McDonald’s ‘Big Mac’ Exclusivity in the EU
McDonald’s has lost its exclusive rights to the “Big Mac” trademark for chicken burgers within the European Union. The EU’s top court ruled against the American fast-food giant, which had held the trademark since 1996. This landmark decision follows a legal dispute initiated by Supermac’s, an Irish fast food chain.
Supermac’s Victory and Trademark Freedom
The European Court of Justice determined that McDonald’s failed to demonstrate genuine use of the “Big Mac” trademark for a continuous five year period. Consequently, the ruling allows other companies to use the “Mac” name for poultry products and in their branding. Despite the loss, McDonald’s retains the right to use the “Big Mac” trademark for other purposes.
A Seven-Year Struggle for Branding Rights
Supermac’s, established in 1978 in Galway, has been locked in a seven year legal battle with McDonald’s over the use of “Mac” in branding. The Irish chain, with 120 outlets, challenged the American behemoth’s trademark defense strategies, accusing them of stifling competition.
David vs. Goliath: Supermac’s Stand Against McDonald’s
Pat McDonagh, Supermac’s managing director, hailed the ruling as a triumph for small businesses against multinational corporations. The dispute dates back to 2017 when McDonald’s prevented Supermac’s from registering its name as a trademark for international expansion. McDonagh argued that McDonald’s was not actively using the trademark in its restaurants, thus others should not be barred from using the “Mac” term.
McDonald’s Response and Future Actions
McDonald’s expressed its love for the iconic Big Mac and its commitment to serving European communities. The company has not disclosed any plans to appeal the decision. The ECJ’s ruling revokes McDonald’s trademark for restaurants and poultry products, maintaining it solely for the original red meat burgers.
Ongoing UK Trademark Dispute Post-Brexit
The battle over the “Big Mac” trademark continues in the UK, where EU trademark laws no longer apply following Brexit. Supermac’s remains in contention with McDonald’s over the branding rights in this separate jurisdiction. This ruling signifies a shift in trademark law within the EU, potentially impacting branding strategies for large and small businesses alike.
