Argument about "Big Mac" sandwich. - McDonald's suffers defeat in European court.
In a court case concerning the "Big Mac" trademark, McDonald's has experienced a loss in the European Union. The global fast-food titan is now restricted from employing this trademark on poultry items, according to judges in Luxembourg. Though unlikely to impact the famous Big Mac (consisting of beef), this decision jeopardizes McDonald's legal battle against the Irish fast-food chain, Supermac's.
The case stems from a legal struggle initiated by Supermac's in 2017, seeking to invalidate McDonald's registration of the "Big Mac" trademark. Originally established in 1996, McDonald's had been maintaining their trademark status, but Supermac's noted a lack of proper usage within the last five years. The European Union Intellectual Property Office (EUIPO) somewhat agreed, permitting McDonald's to retain the trademark for meat and poultry products, sandwiches, and service-related applications.
Undoubtedly, the European Court of Justice has recently disavowed this resolution and amended McDonald's privileges for the "Big Mac" trademark. McDonald's is prohibited from applying the trademark to poultry products and franchise restaurant and drive-in operations.
Insufficient proof appealing to the EUIPO's attention, the adjudicators emphasized McDonald's inability to display sales data for poultry products. Likewise, the "Big Mac" trademark's implementation for restaurant operations faced challenges, as McDonald's failed to provide concrete evidence on its actual usage.
There is an opportunity for McDonald's to further challenge this decision by appealing to the highest European court, the European Court of Justice (ECJ).
Read also:
- This European Union court judgment not only affects McDonald's usage of the "Big Mac" trademark in Luxembourg but also in other EU member states, including Ireland, where the hospitality industry may see changes.
- The food trade sector in the EU is closely watching this legal development, as it could set a precedent for other well-known food brand trademarks in the future.
- Following the court's decision, McDonald's will need to reconsider its menu offerings in certain EU countries, as they can no longer apply the "Big Mac" trademark to poultry items or franchise restaurant and drive-in operations.
- The judgments against McDonald's could potentially impact the company's investment plans in the EU's food and hospitality industries, causing some investors to reassess their positions in the multinational fast-food chain.
- As the Chief Executive Officer of a rival fast-food company based in Ireland, I'm closely following this situation, knowing that a successful appeal from McDonald's could further strengthen our stand against their trademark in challenging competitive markets across Europe.