McDonald's has lost a significant legal battle with Irish fast food chain Supermac's over its use of the Big Mac trademark.
The European Court of Justice (ECJ) has ruled against the American restaurant giant, preventing it from using the Big Mac brand for its chicken burgers.
The Court of Justice, the continent's second highest court, sided with Supermac, which argued that McDonald's had not made genuine use of the Big Mac name. Pat McDonagh, CEO of Supermac's, called the decision a “major victory for small businesses” worldwide, highlighting the triumph of David over Goliath.
McDonagh stated: “Going into this fight, we knew it was a David versus Goliath scenario. The original purpose of our withdrawal filing was to shed light on this multinational company's use of trademark bullying to suppress competition.”
This ruling marks the latest development in the ongoing trademark dispute between the two fast-food chains. McDonald's registered the Big Mac trademark for meat and chicken dishes across the EU in 1996. Supermac's challenged this in 2017, leading to the EU Intellectual Property Office partially withdrawing McDonald's registration in 2019, allowing Supermac's to use the Big Mac name to use.
However, McDonald's was still allowed to use the name for its meat and chicken sandwiches, prompting Supermac's to appeal. The Court of Justice has now changed the previous ruling, stating that McDonald's has failed to demonstrate a “genuine use” of the name Big Mac for its products, or in opening restaurants and drive-through stores.
McDonald's retains the option to appeal this ruling to the Court of Justice of the European Union, the highest court in Europe.
McDonagh criticized McDonald's for years of 'trademark bullying', highlighting that the US company had trademarked SnackBox, a popular item at Supermac's, despite not offering the product itself. McDonagh founded Supermac's in 1978 after being refused permission to build a pool hall. The chain, which now has 100 restaurants across Ireland, offers a double beef patty burger, similar to the Big Mac, called the Mighty Mac.
A McDonald's spokesperson responded to the ruling by saying: “The decision of the General Court of the European Union does not affect our right to use the trademark 'BIG MAC'. Our iconic Big Mac is loved by customers across Europe and we are pleased to continue to proudly serve local communities as we have for decades.”
This decision is seen as a milestone for small businesses rising up against global corporations, and sets a precedent for future trademark disputes.
