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"I'm not lovin it" McDonald's defeat over 'Big Mac' trademark dispute

Team Lawyered
Team Lawyered
  • Feb 25, 2019
  • 15 min to read
"I'm not lovin it" McDonald's defeat over 'Big Mac' trademark dispute Lawyered

“I’m not lovin it” - McDonald’s defeat over ‘Big Mac’ trademark dispute.

After McDonald’s lost its trademark for ‘Big Mac’ in the European Union ahead of a legal battle with Supermac’s, there were withdrawals of trust and accusation on McDonald’s being a ‘trademark bully’.

It's sad you know, how our ideation and creativity behind designing these authentic personality profiles is being used by another competitive brand when we don’t follow the legal path to safeguard its rights.

In simple terms, “trademark is a recognizable sign, design or an expression which identifies products or services of a particular source from those of others”. Now this act of plagiarism co-exists everywhere, for example, how this definition of ‘trademark’ was simply copied from google.

Trademark is more than portraying an image, design or a slogan. It's just like how Daniel J. Boorstin, a famous American historian puts forth; “An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”.

Another fiasco by the world’s largest fast food chain

This isn’t the first time McDonald’s is facing challenges over trademark disputes. In 2009, a Malaysian chain, called McCurry, won this eight-year-old legal battle against McDonald’s for claiming the prefix “Mc” in McCurry.

McDonald’s have been in the radar of several legal disputes and their constant failures are making them lose their customers on a large scale.

Pat Mcdonagh, who is the founder and owner of Supermac, has been at the forefront of being a firm fixture in towns and cities around Ireland. After rejuvenating from this hard earned victory against the world’s largest fast food chain, Pat Mcdonagh can now expand Supermac in the United Kingdom and Europe.

“Supermac’s are delighted with their victory in the trademark application and in revoking the Big Mac trademark which had been in existence since 1996,” founder Pat McDonagh told Reuters in an email.

However, according to multiple reports McDonald’s is likely to re-appeal the ruling and revive its right to the trademark.

"We are disappointed in the EUIPO's decision and believe this decision did not take into account the substantial evidence submitted by McDonald's proving use of our BIG MAC mark throughout Europe," a McDonald's spokesperson said in a statement.

It's been quite a saga for both the teams in this battlefield but at the end, it all comes down to the winner that stays on. Despite of McDonald’s earnest efforts in bringing down this Irish fast food chain, Pat Mcdonagh emerged as a victorious leader.

Your personality profile rests in this trademark and following the right steps to get your trademark registered will provide you with a legal recourse to stop another business from claiming it. Pat Mcdonagh approached this legal dispute by simply adhering to facts and following the legal course to stand against the trademark infringement lawsuit. 

It's imperative that you must register a trademark for your company name in order to protect it from being misused. If you think that fighting a case against such world-famous fast food chains will bring you in the limelight within the industry, then trust me, a lot goes at stake.

Lawyered has been working extensively to give legal assistance to those in need and their high-end level of expertise and proactive approach in this spectrum gives them an elbow room to bring professional legal advisors on board, who will guide you to deal with your legal disputes. Visit https://www.lawyered.in to know more about their services and clientele.

Team Lawyered
Team Lawyered

Lawyered is a legal tech initiative designed to change the way people interact with and within the legal industry. We believe that access to critical services like legal should be just a click away. Our team is working to bring legal online, making it cost effective, high quality and accessible for all.

Comments:

Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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