Supermac’s vs McDonald’s
McDonald’s first registered the name Big Mac in the EU back in 1996. For decades, the fast food giant had this name trademarked, which meant that no other restaurant or service could claim it as their own.
Source: Galway - Rosemary Ave - Supermac's by Joseph Mischyshyn/Wikimedia Commons
However, things began to change in 2017, thanks to Supermac’s. Supermac’s asked the EU Intellectual Property Office to have McDonald’s trademark revoked.
Supermac’s Argument
According to Supermac’s, McDonald’s had not used the trademark genuinely in the past five years. Therefore, they shouldn’t have trademarked the phrase, nor should they be able to keep it.
Source: Ennis - O'Connell Street - Supermac's by Suzanne Mischyshyn/Wikimedia Commons
Of course, a Big Mac is one of the most popular food items on McDonald’s menu in both the United States and the EU.
A Ruling Against McDonald’s
A court had ruled in Supermac’s favor back in 2019. However, the court also stated that the Big Mac trademark could still be used by McDonald’s when discussing its poultry products.
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Supermac’s challenged this decision again, stating that this exception shouldn’t exist. This sent the case to the European Court of Justice.
The Latest Ruling
Now, the ECJ has fully revoked McDonald’s “Mac” trademark when it comes to poultry products and restaurants.
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However, McDonald’s can still use its trademark when the fast food giant references its red-meat burgers — what the Big Mac trademark was originally created for.
A Massive Loss
For McDonald’s, this ruling is a huge loss for its many restaurants located throughout the European Union.
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Though it doesn’t affect their beef Big Mac burgers, they can no longer trademark the use of this name on their other products. This also means other companies can once again use this name for their own food items.
Supermac’s Applauds Ruling
Supermac’s has already come out to fully applaud this ruling by the ECJ. The restaurant’s managing director, Pat McDonagh, made a statement touting this major move by the court.
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“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,” McDonagh said.
A Small Business vs a Giant Corporation
McDonagh also pointed out that this case ruling is a legal win for so many small businesses in the EU, especially as nobody thought that Supermac’s would win against the giant that is McDonald’s.
Source: Galway - Rosemary Ave - Supermac's Interior by Joseph Mischyshyn/Wikimedia Commons
McDonagh explained, “We knew when we took on this battle that it was a David versus Goliath scenario.”
Supermac’s Calls Out McDonald’s Trademark Practices
McDonagh also took the time to blast McDonald’s and what he views as trademark bullying.
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“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,” McDonagh stated. “We have been saying for years that they have been using trademark bullying. They trademarked the SnackBox, which is one of Supermac’s most popular products, even though the product is not actually offered by them.”
About Supermac’s
Supermac’s is a growing rival to McDonald’s in Europe. Founded in 1978 in Galway, Supermac’s has flourished and now has 120 locations around Ireland.
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The eatery sells chicken and beef burgers, as well as chicken nuggets. Thanks to the similarity of their name to McDonald’s, Supermac’s has struggled under these trademark filings.
Other Battles Between Supermac’s and McDonald’s
Supermac’s and McDonald’s have had a few legal battles recently. In 2017, McDonald’s legally blocked McDonagh from successfully registering the name “Supermac’s” as a trademark in the EU.
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McDonagh was going to trademark this name as the chain worked to expand outside of Ireland and elsewhere in the world. However, McDonald’s worked to stop this by stating that they cannot use the word “Mac” in their trademark names.
A Supermac’s Win
This eventually led to this ECJ ruling this week. Now, Supermac’s can use the “Mac” name. McDonagh cheered on the ruling and exclaimed that this is a great win for all small businesses.
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“We wholeheartedly welcome this judgment as a vindication of small businesses everywhere that stand up to powerful global entities,” McDonagh said.