DUBBED the David and Goliath burger battle, McDonald’s has lost its nine-year slugfest in the EU courts against Irish fast-food rival Supermac’s over use of the Big Mac trademark.
The European Court of Justice (ECJ) has also ruled that McDonald’s can not use the name Big Mac in relation to their chicken burgers.
The tussle began way back in 2015 when Supermac’s tried to register its name as an EU trademark which was promptly rebutted by the US burger chain who opposed the use of the name and logo.
In 2017 Supermac’s applied to the EU Intellectual Property Office to have the name of Big Mac revoked for poultry products in the EU as they had not used the name in five years.
Managing director Pat McDonagh said “This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals. 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.
“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. They trademarked the SnackBox, which is one of Supermacโs most popular products, even though the product is not actually offered by them.
“We can be proud to be part of a Europe in which all are equal. Small is no longer a disadvantage.
“We wholeheartedly welcome this judgement as a vindication of small businesses everywhere that stand up to powerful global entities.”
A spokesperson for McDonaldโs said, via The Guardian: โThe decision by the EU general court does not affect our right to use the โBig Macโ trademark. Our iconic Big Mac is loved by customers all across Europe, and we are excited to continue to proudly serve local communities, as we have done for decades.โ
It isn’t the first time a massive conglomerate has tried to derail a smaller business for using their name or a derivative.
Scottish brewer BrewDog, the self-described ‘punk’ beer company, seemed to quickly forget their punk ethics when they threatened a lawsuit against a bar in Leeds called Draft Punk.
BrewDog also threatened legal action against a family run pub called Lone Wolf in Oxford. Lone Wolf is the name of a BrewDog brand of Vodka.
The popular chain subsequently blamed โtrigger-happyโ lawyers for dishing out multiple legal threats.
For more BrewDog news you should watch this hilarious scathing review of their โpubโ in Waterloo.