MCDONALD’S lost the European Union trademark rights to chicken versions of its iconic “Big Mac” burgers after judges ruled that the fast food giant failed to do enough to claim exclusive rights.
In a ruling that leaves the protection for the traditional beef Big Mac intact, the EU’s General Court in Luxembourg ruled that McDonald’s did not serve up evidence showing its use of the label for chicken products over a continuous period of five years in the 27-nation bloc.
The burger is regarded as a special edition in the EU, being more widely available in the US and the UK. It features two chicken patties, special sauce, lettuce, cheese, and pickles on a sesame seed bun.
“The evidence which was submitted by McDonald’s does not provide any indication of the extent of use of the mark in connection with those goods, in particular as regards the volume of sales, the length of the period during which the mark was used and the frequency of use,” the EU court ruled on Wednesday (Jun 5). The decision can still be appealed to the EU’s highest court in Luxembourg.
The battle of the burgers was sparked by a challenge by smaller Irish rival Supermac’s, which claimed that McDonald’s had not put the Big Mac trademark into “genuine use” in the EU.
The duo had initially fought out their disputes at the European Union Intellectual Property Office in Spain and at the EU body’s board of appeal.
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“This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals,” Supermac’s managing director Pat McDonagh said in a statement. “It represents a significant victory for small businesses throughout the world.”
“We knew when we took on this battle that it was a David versus Goliath scenario,” he said. “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.”
The EU ruling “does not affect our right to use the ‘BIG MAC’ trademark,” Chicago-based McDonald’s said in an emailed statement.
“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,” it said. BLOOMBERG
