Europe's highest court has ruled in favour of Supermac's in a legal battle with McDonald's over the ‘Big Mac’ trademark.
The European Court of Justice ruled that McDonald's could not use the trademark when it came to poultry products.
It said McDonald’s "has not proved genuine use [of the phrase ‘Big Mac’ with chicken products] within a continuous period of five years in the European Union in connection with certain goods and services".
Supermac’s founder Pat McDonagh told The Pat Kenny Show the decision represents a significant victory for small businesses throughout the world.
“It does mean we can expand elsewhere with Supermac’s across the EU, so that is a big win for us today,” he said.
Previously, Supermac’s was unable to expand to other European countries due to the trademark by McDonald’s.
The Supermac's fast food restaurant on O’Connell Street in Dublin. Image: Leah Farrell/RollingNewsMr McDonagh noted the original objective of the court case was to highlight the “trademark bullying” by McDonald’s.
“We really decided to kick this off when they trademarked our Snack Box and therefore we took the challenge, so I’m delighted that we got what we wanted,” he said.
"It’s a big win for anyone with the surname Mac.”
McDonald’s trademarked ‘Big Mac’ in 1996, but in 2017 Supermac’s filed an application for revocation of that mark in relation to certain goods and services.
The European Union Intellectual Property Office (EUIPO) originally ruled in 2019 that McDonald’s could not use the trademark on chicken nuggets and some sandwiches.
The ECJ, however, amended this ruling, putting further restrictions on when McDonald’s can use the trademark.
It ruled McDonald’s did not provide “any indication of the extent of use of the mark in connection with” poultry products.
Supermac's in Ireland
Supermac’s first opened in 1978 in Ballinasloe, County Galway. As of 2019, the chain consists of a total of 118 restaurants spread throughout Ireland.
Supermac's made a profit of €29 million in 2022, up from €24 million in 2021, while revenues increased year-on-year from €195.7 million to €276.3 million.
There are roughly 95 McDonald’s in Ireland, while the global company reported sales of $6.4 billion (€5.9 billion) last year.
