McDonald's loses 'Massive Mac' trademark case to Irish chain Supermac's
- by Patty Hardy
- in Business
- — Jan 18, 2019
McDonald's will lose the exclusive rights to its eponymous Big Mac burger as European regulators yesterday found in favour of Irish chain Supermac's.
It first submitted its request to the EUIPO in March 2017, demanding the cancellation of McDonald's right to use the name "Big Mac" exclusively in the European Union zone.
Pat McDonagh, the company's managing director, said: "We knew when we took on this battle that it was a David versus Goliath scenario, ..." The US chain had also trademarked the term "SnackBox", an offering by Supermac's that McDonald's does not offer.
This clears the way for Supermac's to roll out its expansion plans across the United Kingdom and Europe having previously been thwarted by the U.S. firm owing to the potential for confusion arising from the Supermac's and Big Mac branding.
The lawsuit was a result of building tensions between McDonald's and Supermac's, after McDonald's attempted to stop Supermac's from expanding their chain throughout the EU.
"The EUIPO's cancellation division ruled that McDonald's had failed to "[prove] genuine use of the contested EU trademark for any of the goods and services for which it is registered". So, if you want to make a French burger option that has the words "big" or "mac" in it, now would be the time.
Supermac's has about 100 restaurant in Ireland and was founded in 1978.
In 1993, McDonald's won a court order blocking a dentist in NY from selling services under the name "McDental".
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Supermac's claimed McDonald's were keeping the trademarks "stored away in a war chest to use against future competitors".
McDonald's will now be able to appeal against the ruling.
McDonagh added that the case shone a light on "trademark bullying" by McDonald's. Notwithstanding today's decision, McDonald's owns full and enforceable trademark rights for the mark "Big Mac" throughout Europe.
"This decision by the European Trademark Office is also an indication of how important the European institutions are to help protect businesses that are trying to compete against faceless multinationals".
Supermac's managing director hailed the "end of the McBully".
McDonald's has yet to respond to Business Insider's request for comment.
McDonagh argued that the trademark is not being put to use and is just a way for McDonald's to beat the competition.
