The Big Mac Trademark Tussle Between Supermac and McDonald’s
The European Court of Justice (ECJ) has recently delivered a verdict that strips McDonald’s of the right to use the “Big Mac” trademark for chicken sandwiches and any poultry products within the European Union. This decision marks the culmination of a prolonged legal battle between McDonald’s and the Irish fast-food chain Supermac’s.
Background
The Big Mac, a popular hamburger created in 1968, consists of two beef patties, cheese, lettuce, onions, pickles, and Big Mac sauce. The dispute began when Supermac’s applied to register its company name in the EU, intending to expand its operations. McDonald’s objected, arguing that the similarity in names would confuse consumers.
Legal Proceedings
The ECJ found that McDonald’s failed to prove genuine use of the “Big Mac” trademark in connection with chicken sandwiches, poultry products, operating restaurants, drive-throughs, and take-out food within the five-year period.
Conclusion
The ECJ’s decision highlights the importance of demonstrating genuine use of trademarks within the stipulated period. While McDonald’s retains the right to use the Big Mac trademark for its classic burger, it has lost the exclusive rights for poultry products, marking a significant win for Supermac’s and small businesses facing similar challenges.
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The Big Mac Trademark Tussle Between Supermac and McDonald’s
The European Court of Justice (ECJ) has recently delivered a verdict that strips McDonald’s of the right to use the “Big Mac” trademark for chicken sandwiches and any poultry products within the European Union. This decision marks the culmination of a prolonged legal battle between McDonald’s and the Irish fast-food chain Supermac’s.
Background
The Big Mac, a popular hamburger created in 1968, consists of two beef patties, cheese, lettuce, onions, pickles, and Big Mac sauce. The dispute began when Supermac’s applied to register its company name in the EU, intending to expand its operations. McDonald’s objected, arguing that the similarity in names would confuse consumers.
Legal Proceedings
The ECJ found that McDonald’s failed to prove genuine use of the “Big Mac” trademark in connection with chicken sandwiches, poultry products, operating restaurants, drive-throughs, and take-out food within the five-year period.
Conclusion
The ECJ’s decision highlights the importance of demonstrating genuine use of trademarks within the stipulated period. While McDonald’s retains the right to use the Big Mac trademark for its classic burger, it has lost the exclusive rights for poultry products, marking a significant win for Supermac’s and small businesses facing similar challenges.
Monthly Roundup – India | April 2024
Notable IPR Developments 2023 – India
Jan Vishwas (Amendment of Provisions) Act, 2023: Decriminalization of IP Laws
The Big Mac Trademark Tussle Between Supermac and McDonald’s
The Big Mac Trademark Tussle Between Supermac and McDonald’s
The European Court of Justice (ECJ) has recently delivered a verdict that strips McDonald’s of the right to use the “Big Mac” trademark for chicken sandwiches and any poultry products within the European Union. This decision marks the culmination of a prolonged legal battle between McDonald’s and the Irish fast-food chain Supermac’s.
Background
The Big Mac, a popular hamburger created in 1968, consists of two beef patties, cheese, lettuce, onions, pickles, and Big Mac sauce. The dispute began when Supermac’s applied to register its company name in the EU, intending to expand its operations. McDonald’s objected, arguing that the similarity in names would confuse consumers.
Legal Proceedings
The ECJ found that McDonald’s failed to prove genuine use of the “Big Mac” trademark in connection with chicken sandwiches, poultry products, operating restaurants, drive-throughs, and take-out food within the five-year period.
Conclusion
The ECJ’s decision highlights the importance of demonstrating genuine use of trademarks within the stipulated period. While McDonald’s retains the right to use the Big Mac trademark for its classic burger, it has lost the exclusive rights for poultry products, marking a significant win for Supermac’s and small businesses facing similar challenges.
Monthly Roundup – India | April 2024
Notable IPR Developments 2023 – India
Jan Vishwas (Amendment of Provisions) Act, 2023: Decriminalization of IP Laws
The Big Mac Trademark Tussle Between Supermac and McDonald’s
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