EU Trademark Infringement Case

Battle of the Burgers. Supermac v McDonald's Trademark Row.

Another burger another David v Goliath trademark case. 

Supermac opened in 1978 in Ireland. McDonalds believe that the case they had then- does not entitle them to expand into other EUcountries and that they have failed submit any convincing arguments that the two brands would not cause confusion amongst the public in the EU.

McDonald’s evidence before the trademark office in the EU OHIM states that Supermac does not address the argument that the element of ‘Mac’ and ‘Supermac’s’ relates to the famous McDonald’s prefix ‘Mc’. Mr McDonagh said in response: “I remain highly optimistic and confident that we will prevail, I don’t believe that there can be any confusion between ourselves and McDonald’s.” The firms plan to expand further into the EU and Australia are on hold until the trademark issue is resolved.

Mr McDonagh cited Supermac’s famous curry chips and snack box products as to why it should win its trademark battle with McDonald’s. Stating: ‘It said Supermac’s lead products, snack boxes and curry chips that are in themselves distinctive brand leaders’.

McDonald’s initially relied on the fact that the Irish firm using the name Supermac’s in the EU would “take unfair advantage of the distinctive character and repute of” McDonald’s trademarks.

A decision will be made early 2016 at OHIM