Is chicken a meat? Is a chicken burger a sandwich? These unusual existential questions arise from the recent decision in Case T-58/23 Supermac’s (Holdings) Ltd v EUIPO and McDonalds International Property Co. Ltd at the EU General Court. Contrary to some press reports, the decision does not prohibit McDonalds from using the BigMac trademark. However, it does highlight the complexities in proving trademark use and presents valuable lessons for trademark proprietors and their advisors.
For a deeper understanding of this case and its implications, you can access the full article here.