A top European Union court said Wednesday that McDonald’s has lost its Big Mac trademark in the 27-nation bloc, ruling in favour of Irish fast food rival Supermac in a longrunning legal battle. The EU General Court said in its judgement that the US fast food giant failed to prove that it was genuinely using the Big Mac name over a five-year period for chicken sandwiches, 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 company’s website. The decision is about more than burger names. It opens the door for Galway-based Supermac’s expansion into other EU countries. The dispute erupted when Supermac’s applied to register its company name in the EU as it drew up its expansion plans. McDonald’s objected, saying consumers would be confused because it already trademarked the Big Mac name. Supermac’s portrayed the decision as a David and Goliath-style victory. Managing Director Pat McDonagh accused McDonald’s of “trademark bullying to stifle competition”.
McDonald’s was unfazed by the ruling, which can be appealed to the European Court of Justice, the bloc’s highest court. “The decision does not affect our right to use the ‘BIG MAC’ trademark,” it said.
The Big Mac is a hamburger made of two beef patties, cheese, lettuce, onions, pickles and Big Mac sauce, according to the company’s website. The decision is about more than burger names. It opens the door for Galway-based Supermac’s expansion into other EU countries. The dispute erupted when Supermac’s applied to register its company name in the EU as it drew up its expansion plans. McDonald’s objected, saying consumers would be confused because it already trademarked the Big Mac name. Supermac’s portrayed the decision as a David and Goliath-style victory. Managing Director Pat McDonagh accused McDonald’s of “trademark bullying to stifle competition”.
McDonald’s was unfazed by the ruling, which can be appealed to the European Court of Justice, the bloc’s highest court. “The decision does not affect our right to use the ‘BIG MAC’ trademark,” it said.
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