Their backing for Supermac’s vindicates the Galway-based company’s near-decade-long trademark battle with McDonald’s.
Supermac’s managing director Pat McDonagh said the ruling was a “vindication of small businesses everywhere that stand up to powerful global entities,” according to an emailed statement.
“We have been saying for years that they have been using trademark bullying,” he said. “We knew when we took on this battle that it was a David versus Goliath scenario.”
The company had argued that McDonald’s shouldn’t have the exclusive right to use the “Big Mac” phrase for other menu items like chicken dishes or restaurant services because it hadn’t put the trademark to use for additional products for at least five years.
The Irish chain took its “Big Mac” beef to the EU court last year to overturn a 2022 decision from EU intellectual property office that only partially canceled McDonald’s rights over the phrase but still upheld it for services and other potential menu items.
General Court rulings can be appealed to the EU’s top court, the Court of Justice.
The case is T 58/23 Supermac’s vs. EUIPO – McDonald’s International Property (BIG MAC).
This article has been updated with Supermac’s comment.