No more chicken Big Macs - EU court rules
against McDonald's in trademark case
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[June 05, 2024]
By Foo Yun Chee
BRUSSELS (Reuters) - U.S. fast-food chain McDonald's does not have the
right to use the term "Big Mac" for poultry products after it had not
used it for them for five consecutive years, Europe's second top court
said on Wednesday, in a partial win for Irish rival Supermac's in a
long-running trademark dispute.
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McDonald's Crispy Chicken Sandwiches and fries are pictured in New York,
U.S. March 30, 2021. Picture taken March 30, 2021. REUTERS/Hilary
Russ/File Photo |
The
Luxembourg-based General Court's ruling centered on Supermac's
attempt in 2017 to revoke McDonald's use of the name Big Mac
which the U.S. company had registered in 1996 for meat and
poultry products and services rendered at restaurants.
The European Union Intellectual Property Office (EUIPO)
dismissed Supermac's application for revocation and confirmed
McDonald's use of the term for meat and chicken sandwiches,
prompting the Irish company to challenge the decision.
Supermac's, which opened its first restaurants in Galway in
1978, sells beef and chicken burgers as well as fried chicken
nuggets and sandwiches.
The General Court rejected McDonald's arguments and partially
annulled and altered EUIPO's decision.
"McDonald's loses the EU trade mark Big Mac in respect of
poultry products," judges ruled.
"McDonald's has not proved genuine use within a continuous
period of five years in the European Union in connection with
certain goods and services," they said.
McDonald's did not immediately respond to a request for comment.
The ruling can be appealed to the Court of Justice of the
European Union, Europe's highest.
The case is T-58/23 Supermac's v EUIPO - McDonald's
International Property (BIG MAC).
(Reporting by Foo Yun Chee; Editing by Tomasz Janowski)
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