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).
