Filewrapper®

Burger King Ribs McDonald’s After Loss of ‘Big Mac’ Trademark in the E.U.

March 01, 2019
Post by Sarah M. Luth

In mid-January of 2019, McDonald’s lost its rights to the trademark ‘Big Mac’ in a European case which ruled in favor of an Irish fast food chain, Supermac’s. Supermac’s, founded in 1978 by Gaelic football player Pat McDonagh, offers a burger called the ‘Mighty Mac’. McDonald’s asserted that the ‘Mighty Mac’, along with other Supermac’s offerings, created confusion among consumers. In turn, Supermac’s argued that McDonald’s persistent legal intrusions prevented the chain from growing beyond Ireland.

Interestingly, the European Intellectual Property Office determined that McDonald’s failed to prove “genuine use” of the ‘Big Mac’ trademark in Europe, meaning McDonald’s had no exclusive right to the name. McDonald’s plans to appeal the decision by the E.U. intellectual property office, but in the meantime, other fast food competitors have taken advantage of McDonald’s loss.

After McDonald’s lost the ‘Big Mac’ trademark, a Burger King in Sweden began featuring menu options drawing direct comparison to the Big Mac. For example, the new menu included options such as, “The Like A Big Mac, But Actually Big” while another was re-named “The Burger Big Mac Wished It Was”. Others critiqued the quality of the Big Mac, claiming, “The Kind of Like a Big Mac, But Juicier and Tastier” and “The Anything But A Big Mac”.

Burger King took the trolling a step further, releasing a video of customers awkwardly trying to order burgers from the new menu. This is not Burger King’s only crack at McDonald's: last December, Burger King offered its Whoppers for a penny if customers ordered through the Burger King app from a McDonald’s parking lot.

Sarah M. Dickhut is an Associate Attorney in the Biotechnology & Chemical Patent Practice Group at McKee, Voorhees & Sease. For additional information, please visit www.ipmvs.com or contact Sarah directly via email at sarah.dickhut@ipmvs.com.


Post Categories

Comments (0)
Post a Comment



Captcha Image
Return to the Filewrapper Blog

Search Posts

Purpose

The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

Disclaimer

McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

Connect with MVS

Enter your name and email address to recieve the latest news and updates from us and our attorneys.

Subscribe to: MVS Newsletter

Subscribe to: Filewrapper® Blog Updates

  I have read and agree to the terms and conditions of McKee, Voorhees & Sease, P.L.C.