The European Court of Justice upheld a complaint by Supermac’s against McDonald’s in a dispute over the “Big Mac” trademark, ruling that McDonald’s could not use the trademark for poultry products.
Supermac’s founder, Pat McDonagh, described the decision as a victory for small businesses worldwide.
The court found that McDonald’s had not made genuine use of the trademark in connection with chicken sandwiches and drive-in outlets, leading to the revocation of the trademark registration.
McDonagh welcomed the decision, stating that it highlights the issue of trademark bullying by large corporations and demonstrates the importance of European institutions in protecting small businesses against powerful entities.
Pat McDonagh said “today’s decision by the European Trademark Office is also an indication of how important the European institutions are to help protect businesses that are trying to compete against faceless multinationals. 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, 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,” he said. “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, 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,”
