McDonald’s no longer has the exclusive right to use the name “Big Mac” for chicken sandwiches in the EU after the General Court there ruled against the megabrand on Wednesday.
The case started in 2017 when Supermac’s, a fast-food retailer in Ireland, wanted to use the name for its chicken offerings as it expanded across the EU.
The smaller retailer decided to take on Goliath McDonald’s, arguing that the huge fast food chain did not meet a standard of “genuine use” for the term regarding chicken sandwiches over the previous five years.
McDonald’s used the name in a promotion for the Grand Big Mac Chicken sandwich in 2016 for some of its French language locations, but the courts did not consider that to be enough evidence of genuine use to retain the trademark on the name.
In addition, the courts said McDonald’s did not share data on “the extent of use” including sales figures of its Grand Big Mac Chicken sandwiches in the EU that would meet the requirements of genuine use according to EU intellectual property law.
Supermac’s CEO Pat McDonagh said in a statement shared with NTD News via email, “We welcome the decision of the General Court of the European Union to revoke the Big Mac registration. This is a significant ruling that takes a common-sense approach to the use of trademarks by large multinationals. It represents a significant victory for small businesses throughout the world.”
McDonagh said the original lawsuit was filed because he believed McDonald’s was using its trademarks to prevent Supermac's from expanding into other parts of Europe.
“We knew when we took on this battle that it was a David versus Goliath scenario. 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. We have been saying for years that they have been using trademark bullying.”
McDonagh noted that McDonald’s had also trademarked the term “SnackBox” even though it doesn’t currently sell a product by that name. At Supermac's, the SnackBox is one of their most popular items.
“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. We can be proud to be part of a Europe in which all are equal,” he continued.
“Small is no longer a disadvantage,” he added. “We wholeheartedly welcome this judgement as a vindication of small businesses everywhere that stand up to powerful global entities.”
Supermac’s has over 100 locations in Ireland and other EU countries, while McDonald’s has more than 38,000 locations in 100 countries, 6,000 of which are in Europe.
McDonagh opened the first Supermac’s location in 1978 in Galway, Ireland. The restaurants use fresh local ingredients and have a friendly atmosphere, according to the company website.
McDonald’s can appeal the ruling against it to the Court of Justice, which is similar to the Supreme Court in the U.S.
An email statement from a spokesperson to NTD for the fast food giant read, “The decision by the EU General Court does not affect our right to use the ‘BIG MAC’ trademark. Our iconic Big Mac is loved by customers all across Europe, and we’re excited to continue to proudly serve local communities, as we have done for decades.”