McDonald’s loses legal battle over use of Big Mac name in EU
When I say Big Mac, what immediately comes to mind? Probably McDonald’s. The famous sesame seed bun, with two beef patties and the iconic Big Mac sauce, is known by everyone as the fast-food chain’s flagship product. But there is bad news for McDonald’s and the Big Mac. The chain lost an important legal battle over the use of the Big Mac name in the European Union. Other (fast-food) chains may now also use that name for their products—provided they contain chicken.
The lawsuit was brought by Supermac’s. This is an Irish fast-food chain that—just like McDonald’s—sells burgers, fries, chicken nuggets and sandwiches. Why did the chain take on the battle over the Big Mac name (in 2017)?
Big Mac: protected trademark
Big Mac has been a protected trademark of McDonald’s for a very long time. Since 1996, other chains have not been allowed to use that name. McDonald’s therefore had exclusive rights to the name. But in the EU, this comes with a condition: the name (Big Mac, in this case) must be used sufficiently. If it is not used in a particular context for five years, the right is lost.
Supermac’s believed that McDonald’s failed to meet this requirement. In other words, that during the previous five years (the years before Supermac’s filed the lawsuit in 2017), it had not used the name ‘Big Mac’ enough. And what does it turn out? The name Big Mac was indeed not used sufficiently over the past five years for products containing chicken. Think, for example, of the Chicken Big Mac.
McDonald’s had to provide evidence that the name Big Mac was in fact being used sufficiently. This included sales and advertising figures, among other things. The evidence proved insufficient for its chicken products. Be honest: do you immediately think of the Chicken Big Mac when someone mentions the Big Mac? No, right? Supermac’s therefore prevailed on this point. From now on, they—and other chains as well—may sell Big Macs containing chicken.
Partial victory
So this really concerns products containing chicken. McDonald’s will retain the protected trademark for the beef Big Mac. Supermac’s therefore wins the lawsuit partially.
Well, at least now you know another astonishing fact about the Big Mac. So don’t be surprised if you suddenly see a Big Mac (with chicken) on the menu at a chain that doesn’t have a large yellow ‘M’ as its logo. In fact, you might even be able to launch your own Big Mac chicken creation!
Also read:
- 6 McDonald’s dishes that were a complete failure
- Is a Whopper ‘healthier’ than a Big Mac?
- 10 secrets McDonald’s employees won’t tell you
Sources: NU.nl, VRT, foodholland.nl
