McDonald loses "Big Mac" trademark battle against Irish fast food chain Supermac

McDonalds has lost the trademark of their iconic "Big Mac" in the EU in a landmark legal case involving an Irish-based fast food chain, Supermac
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McDonald seems to have met his fight in the form of Irish-based fast food Supermac. The two restaurants had been engaged in a bitter branding of "Big Mac" ̵[ads1]1; and the news broke on Tuesday that a judge ruled against the US mega-corporation.

The result of the lawsuit means that Supermac will be allowed to expand their chain throughout the UK and that McDonald's is no longer entitled to its "Big Mac" mark in the EU.

"We knew when we took on this fight that it was a David versus Goliath scenario, but just because McDonald's has deep pockets and we are relatively small in context it doesn't mean we shouldn't fight in our corner, "said Supermac's owner, Pat McDonagh, to the Irish Times.

As a result of the legal decision, Supermac can now expand its franchise across the UK , and mention some foods for sale a's "Big Mac"

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The lawsuit was the result of building tensions between McDonald's and Supermacs, after McDonald's attempt to stop Supermacs from extending the chain through the EU. McDonald's claimed that the name Supermac would confuse the customer with McDonald's iconic Big Mac burger.

Supermac referred to McDonald's legal tactics as "trademarks bullying; registration of brand names stored only in a war chest for use against future competitors."

The verdict in favor of Supermacs, which was provided by the European Union Intellectual Property Office, determined that McDonald's was not putting the Big Mac brand into "real use". For genuine use of a trademark, a company must use it to "guarantee the identity of the originator." EUIPO apparently did not know that the name of a burger Big Mac was sufficient evidence that McDonald's made genuine use of their trademark.

In an interesting twist, the legal decision also gives Supermac's right to use the Big Mac trademark on some of its own foods.

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The brand, which is now recalled, was originally given to McDonald's for use in the Eu ropean union in 1996. McDonald now has the opportunity To appeal the decision, they should choose to do so.