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🏛️ EU Court: a Big Mac can’t be a chicken sandwich

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If you take just one thing from this email…

The European Court of Justice ruled that McDonald's can't use the "Big Mac" trademark on chicken sandwiches in the EU. This decision came after McDonald's couldn't prove they had been using the trademark for chicken products — the trademark was seen as a move to block competition. This ruling shows that trademarks need to be actively used for their registered purpose, or they risk being stripped, even from large companies like McDonald's.

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🏛️ EU Court: a Big Mac can’t be a chicken sandwich

Breakfast Burrito Party GIF by McDonald’s All Day Breakfast

Credit: Giphy

What's going on here?

The European Court of Justice has ruled that McDonald's cannot use its trademark for "Big Mac" on chicken sandwiches within the EU.

This has been as a result of a successful challenge by Supermac's — an Irish fast food chain.

What’s the story?

Well, it’s been going on for years.

  • 📆 1996: McDonald's registered the "Big Mac" trademark in the EU, to be used for all food, drink, and restaurant-related activities

  • 📆 2015: Supermac's attempted to register the “Supermac’s” name in the EU (it planned to expand into the European market)

  • 📆 2016: McDonald's opposed Supermac's trademark application, saying the name of the restaurant was too similar to "Big Mac"

  • 📆 2017: Supermac's filed an application to cancel McDonald's exclusive use of "Big Mac" in the EU

  • 📆 This month: The European Union General Court ruled in favour of Supermac's — the Court stripped McDonald's of its "Big Mac" trademark for the purposes it hasn’t been using it for (like chicken sandwiches)

Why did this happen?

McDonald's lost its right to the "Big Mac" trademark for chicken sandwiches in the EU. This is because it couldn't prove continuous and genuine use of the mark on chicken products over the past five years (the actual Big Mac is a beef burger).

The Court believed McDonald’s was registering trademarks without actively using them to block competition from smaller entities (like Supermac's).

👉️ Here’s the Court’s official press release if you want to read it.

Why should law firms care?

EU courts are happy to strip trademark rights — even from big companies like McDonald's — if they aren’t being used as they should.

As courts become more willing to limit the scope of existing trademarks, lawyers will need to advise their clients that having a trademark is not enough. Clients will need to continually use the trademark as intended and provide evidence of this use. This means things like tracking sales, showing marketing efforts, and documenting how the trademark is needed in the business.

When registering new trademarks, law firms should be advising clients to only file trademarks for their actual purpose. Registering trademarks too broadly could end with challenges from competitors (litigation is expensive) — and courts will probably take the rights from you.

Why should businesses care?

We’ve said what trademark-holding companies should be doing to track the use of their trademarks.

But this case helps smaller businesses fighting against large corporations (which tend to hold more intellectual property rights).

Pat McDonagh, managing director of Supermac said: “This is a significant ruling that represents a significant victory for small businesses throughout the world.”

Supermac's can now expand in the EU without being blocked by McDonald's broad trademark claims.

A Supermac’s spokesperson said the chain also had a similar case pending in the UK that, if successful, could lead to an expansion into the British market.

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