The European Court of Justice (ECJ) has ruled against McDonald’s in a landmark trademark dispute. This decision has significant implications for both multinational corporations and smaller businesses. Below are the key points of the ruling and its broader context.
- The ECJ ruled that McDonald’s could not use the Big Mac brand for chicken burgers.
- Supermac’s contended that McDonald’s had not genuinely used the Big Mac name.
- The decision marks the latest development in a long-standing dispute between the two chains.
- Supermac’s characterised the ruling as a victory against trademark bullying.
The European Court of Justice (ECJ), the second-highest court in Europe, has ruled against McDonald’s, barring it from using the ‘Big Mac’ brand for its chicken burgers. This decision represents a milestone in the ongoing trademark dispute between McDonald’s and the Irish fast-food chain Supermac’s.
Pat McDonagh, managing director of Supermac’s, hailed the ruling as a ‘significant victory for small businesses’ worldwide, describing it as a classic ‘David versus Goliath’ scenario. McDonagh stated, ‘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.’
McDonald’s initially registered the ‘Big Mac’ trademark for meat and chicken dishes in 1996 across the EU. Supermac’s challenged this registration in 2017, leading to a partial revocation by the EU Intellectual Property Office in 2019. This partial ruling allowed Supermac’s to use the name ‘Big Mac,’ but McDonald’s retained rights for its meat and chicken sandwiches. Persisting in their legal battle, Supermac’s appealed, resulting in the recent decision by the ECJ.
The ECJ found that McDonald’s had failed to demonstrate ‘genuine use’ of the ‘Big Mac’ brand for its chicken burgers and associated products. This lack of evidence reinforced Supermac’s position, leading to a broader interpretation of the trademark’s application.
McDonald’s has the option to appeal this ruling to the Court of Justice of the European Union, the highest court in Europe. The company’s spokesperson responded by emphasising that the decision does not impact their right to use the ‘Big Mac’ trademark, insisting that the ‘iconic Big Mac is loved by customers all across Europe.’
McDonagh has been critical of McDonald’s for years of what he termed ‘trademark bullying,’ accusing the multinational of attempting to stifle competition. Highlighting the situation, he mentioned that McDonald’s had even trademarked ‘SnackBox,’ a popular item at Supermac’s, despite not offering this product themselves.
Supermac’s, founded by McDonagh in 1978 after he was denied permission to build a pool hall, now boasts 100 locations across Ireland. The chain offers a double beef patty burger known as the ‘Mighty Mac,’ which is similar to the ‘Big Mac.’
The ECJ’s ruling is seen as a landmark victory for small businesses against global corporations. It sets a significant precedent for future trademark disputes, demonstrating that even the most formidable companies can be held accountable.
This ruling underscores the importance of genuine trademark use and sets a precedent for future disputes.
