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by JackuB 2702 days ago
So I went in an read the actual ruling document https://www.courthousenews.com/wp-content/uploads/2019/01/Bi... (only 8 pages) and it pretty much made sense for me (IANAL ofc).

McD’s lawyers screwed up, not submitting required evidence of actual use in years 2011-2016. They printed out webpages with promo materials and a wikipedia page (as article correctly points, “duh, we are McDonalds”) - not a great proof of anything for any court. Then submitted some packaging of the product.

Not any evidence that the product was actually sold and trademark used in those five years - no sales figures, website traffic stats… As said, makes sense to me

Edit: that said, still makes no sense why were they challenging the use of Big Mac in the first place… shrugs

2 comments

The Irish firm has 'mac' in their name.

Supermac’s said it can now expand in the United Kingdom and Europe. It said it had never had a product called “Big Mac” but that McDonald’s had used the similarity of the two names to block the Irish chain’s expansion.

https://www.reuters.com/article/us-mcdonald-s-corp-trademark...

From the other articles I've seen about this the implication is that the judgement was probably heavily influenced by McDonald's own anti-competitive shenanigans of trademarking names of competitors products:

The US chain had also trademarked the term “SnackBox,” an offering by Supermac's that McDonald’s does not offer.

https://www.irishcentral.com/culture/food-drink/supermacs-mc...

Ah I initially got confused because I thought supermac was some bigger Big Mac I had not heard of and went to Google. Disappointed now.
Newspaper articles talking about Big Macs would also have helped. And if you are unwilling to release sales figures or website traffic statistics, newspaper articles are a decent alternative option.