US fast-food chain McDonald's loses chicken 'Big Mac' trademark battle
McDonald's
Americanfast-food chain McDonald's does not have the exclusive right to use the term "Big Mac" for its chicken burgers anymore, as it has lost a legal battle against an Irish fast-food chain.
A top European Union court ruled on Wednesday (Jun 5) that the global chain could not exclusively call its chicken burgers "Big Mac" as Supermac's, a small Irish takeaway chain, won a David v Goliath court battle with McDonald's over the use of the Big Mac trademark.
Now, the Irish chain can open outlets across Europe.
The legal battle started in 2017 when Supermac's of Ireland sought to have McDonald's "Big Mac" trademark revoked in the European Union. Ithappened after the US giant opposed the Irish chain's own trademark application in the bloc.
The EU Intellectual Property Office (EUIPO) first upheld Supermac's claim but later reaffirmed trademark protection for McDonald's "Big Mac" hamburgers.
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The Luxembourg-based General Court reversed the EUIPO's decision on Wednesday, declaring that McDonald's could not claim trademark protection for the chicken version of its popular burger, while the original beef version remained trademarked.
The court ruled, "The General Court holds that McDonald's has not proved that the contested mark has been put to genuine use as regards the goods 'chicken sandwiches', the goods 'foods prepared from poultry products'" and associated services.
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Pat McDonagh, Supermac's managing director, welcomed what he called a "common sense" ruling. In a statement, he said, "The original objective of our application to cancel was to shine a light on the use of trademark bullying by this multinational to stifle competition."
He further added that the ruling "represents a significant victory for small businesses throughout the world".
McDonald's can appeal the decision at the EU's highest court. McDonald's acknowledged the ruling and released a statement. It said that it "does not affect our right to use the 'Big Mac' trademark".
(With inputs from agencies)