Find out how McDonald's lost the exclusive right to use the Big Mac trademark to Supermac’s in the EU, leaving them unable to prove genuine usage for all products.
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Quick takeaways
In trademark disputes, genuine usage is crucial to uphold exclusive rights and differentiate in business fields.
McDonald's lost the Big Mac trademark due to insufficient demonstration of trademark use across menu products.
Deep dives
McDonald's Trademark Battles: The Case of the Big Mac
Supermax, a fast-food chain, challenged McDonald's Big Mac trademark in the EU. Despite its well-known status, Supermax sought revenge due to an earlier trademark issue, leading to a legal dispute. To win such cases, companies must prove distinctions in trademarks, business fields, and menu items. Supermax's investigation revealed McDonald's insufficient use of the Big Mac trademark for all menu products, allowing Supermax to legally use the term.
Trademark Laws: Proving Genuine Use
In trademark disputes, genuine usage is pivotal for maintaining exclusive rights. McDonald's inability to showcase substantial use of the Big Mac trademark for all menu variations weakened its legal standing. Despite rebranding the beef-based Big Mac to a non-beef version in India as the Maharaja Mac, McDonald's failed to demonstrate significant sales or promotion of such products. This lack of genuine utilization ultimately led to Supermax's successful challenge of McDonald's exclusive Big Mac trademark in the EU.
In today’s episode for June 10th 2024, we tell you how McDonald’s lost the exclusive right to use the Big Mac trademark to Supermac’s.
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