In a David versus Goliath legal saga, McDonald’s, the fast-food giant, faced a formidable opponent in an Irish fast-food chain, Supermac’s, over the trademark rights to the famous “Big Mac” moniker. The battleground? The European Union.
The clash of titans commenced back in 2017 when Supermac’s boldly sought to strip McDonald’s of its exclusive claim to the “Big Mac” trademark within the EU. The reason? McDonald’s had opposed Supermac’s own trademark application within the bloc.
The saga unfolded through legal trenches, with the EU Intellectual Property Office (EUIPO) initially siding with Supermac’s. However, McDonald’s managed to sway the decision on appeal, maintaining its trademark stronghold over the beefy “Big Mac” burgers.
Yet, the tide turned when the Luxembourg-based General Court weighed in, reshaping the narrative. It decreed that while McDonald’s could cling to the trademark for its beef-based flagship, the chicken rendition was beyond its trademark fortress.
In its ruling, the court spotlighted McDonald’s failure to demonstrate substantial use of the contested trademark concerning chicken sandwiches and related poultry products, denting its claim.
The McDonald’s Chicken Big Mac, bedecked with two succulent chicken cutlets, cheese, lettuce, onions, pickled cucumbers, and the signature Big Mac sauce, enjoys a broader reach beyond the EU’s borders.
Despite the setback, McDonald’s retains the option to appeal this verdict at the EU’s apex court.
Responding to the ruling, McDonald’s maintained that its right to the “Big Mac” trademark remains unscathed. On the opposing side, Supermac’s managing director, Pat McDonagh, hailed the decision as a triumph of “common sense” against what he termed as trademark bullying by the multinational behemoth.
For McDonagh, this ruling represents more than a legal victory; it symbolizes a win for small businesses globally, echoing the timeless tale of the underdog prevailing against the odds.
