Big Macs v Supermac's: Irish burger chain loses trademark appeal against McDonald's
Summary
The European Union rejected Supermac's request to register its name as a trademark because it is too similar to McDonald's Big Mac trademark. The EU said people might confuse Supermac's with McDonald's Big Mac in some EU countries, but this ruling does not affect Supermac's business in Ireland.Key Facts
- Supermac's is an Irish fast food chain founded in 1978 in Galway.
- Supermac's applied for a trademark in the EU in May 2016.
- McDonald's has held the Big Mac trademark in the EU for meat sandwiches since 1998.
- The EU Intellectual Property Office ruled in June that Supermac's trademark is too close to Big Mac and could confuse English and German speakers.
- The court said the strong recognition of Big Mac means there is a higher chance of confusion.
- Supermac's argued both brands have coexisted in Ireland for 40 years without confusion.
- McDonald's argued the issue is whether there is a conflict across the entire EU, not just in Ireland.
- The ruling does not stop Supermac's from operating in Ireland.
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