The ruling also affected McDonald’s broader protection for “foods prepared from poultry products,” as the Board of Appeal had relied on the evidence related to chicken sandwiches to maintain these protections. Additionally, the court revoked McDonald’s protections over services associated with operating and supporting a fast-food restaurant, stating that the evidence provided did not relate to these specific services.
Pat McDonagh, managing director of Supermac’s, praised the decision as a “significant ruling” that addressed trademark bullying by large multinationals, likening the case to “David versus Goliath.” McDonald’s, however, maintained that the decision does not impact its right to use the “Big Mac” trademark, with a spokesperson expressing confidence in the continued popularity of the Big Mac across Europe.
The case is Supermac’s (Holdings) Ltd. v. the European Union Intellectual Property Office and McDonald’s International Property Co. Ltd., case number T‑58/23, in the European General Court.
