McDonald’s loses chicken “Big Mac” trademark battle against Irish food chain

Luxembourg:

McDonald’s has lost a legal battle against an Irish fast food chain, as the European Union’s top court ruled on Wednesday that the global chain cannot call its chicken burger exclusively a “Big Mac.”

The long-running battle began in 2017 when Irish supermacs sought to cancel McDonald’s “Big Mac” trademark in the European Union after the US giant opposed the Irish chain’s own trademark application in the bloc.

The European Union Intellectual Property Office (EUIPO) initially upheld Supermac’s application, but later confirmed trademark protection for McDonald’s “Big Mac” hamburger on appeal.

On Wednesday, the Luxembourg-based General Court modified a decision by the European Union’s Organisation for Industrial Policy and Promotion, saying McDonald’s cannot claim protection for the chicken version of its iconic burger, though the trademark for the original beef version remains in place.

“The General Court considers that McDonald’s has not proven that the disputed mark is genuinely used in relation to ‘chicken sandwiches’, ‘food prepared from poultry products’ and related services.”

McDonald’s Chicken Big Mac, which includes two chicken cutlets, cheese, lettuce, onions, pickled cucumbers and special Big Mac sauce, is more widely available outside the EU.

McDonald’s can appeal the decision to the EU’s highest court.

In a statement, McDonald’s acknowledged the ruling, saying it “does not impact our right to use the Big Mac trademark.”

Supermac’s managing director Pat McDonagh welcomed the decision, which he described as a “common sense” one.

“The fundamental purpose of our application to cancel was to highlight the misuse of trademarks by this multinational company to stifle competition,” McDonagh said in a statement.

He said the decision was “a significant win for small businesses around the world.”

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)