Supermac's fight against McDonald's continues

Supermac's is a fast food chain, founded in Ireland in the 1970's, by former teacher Pat McDonagh. The chain has become embroiled in brand battles with global heavyweight McDonald's, who last year succeeded before the European Intellectual Property Office (EUIPO) in preventing Supermac's from trading under its own name as a fast food store across the EU (outside of Ireland).

In the latest development between the two fast food chains, Supermac's has, according to independent.ie, requested the cancellation of two of McDonald's European Union Trade Marks (EUTMs), for 'Big Mac' and 'Mc', which it alleges "are simply stored away in a war chest to use against future competitors".

Supermac's Managing Director McDonagh told independent.ie that McDonald's aimed to "squeeze out smaller family based businesses", adding that they have trademarked one of Supermac's most popular product, 'SnackBox', despite not offering a product under this name. A spokesperson for McDonald's apparently stated the US company "defends the values of our brand, including our trademarks" in order to "prevent others from taking unfair advantage of our trademarks".

Genearal information on the process of cancellation (invalidity and revocation) of EUTMs can be found on the EUIPO website.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.