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McDonald’s loses “Big Mac” trademark as EU court sides with Irish rival Supermac’s
McDonald’s lost a European Union trademark dispute over the Big Mac name after a top European Union court sided Wednesday with Irish fast-food rival Supermac’s in a long-running legal battle.
The EU General Court said in its judgment that the U.S. fast-food giant failed to prove that it was genuinely using the Big Mac label over a five-year period for chicken sandwiches, poultry products or restaurants.
The Big Mac is a hamburger made of two beef patties, cheese, lettuce, onions, pickles and Big Mac sauce. It was invented in 1968 by a Pennsylvania franchisee who thought the company needed a sandwich that appealed to adults.
The decision is about more than burger names. It opens the door for Galway-based Supermac’s expansion into other EU countries. The dispute erupted when Supermac’s applied to register its company name in the EU as it drew up expansion plans. McDonald’s objected, saying consumers would be confused because it already trademarked the Big Mac name.
Supermac’s filed a 2017 request with the EU’s Intellectual Property Office to revoke McDonald’s Big Mac trademark registration, saying the U.S. company couldn’t prove that it had used the name for certain categories that aren’t specifically related to the burger over five years. That’s the window of time in Europe that a trademark has to be used before it can be taken away.
“McDonald’s has not proved that the contested mark has been put to genuine use” in connection with chicken sandwiches, food made from poultry products or operating restaurants and drive-throughs and preparing take-out food, the court said, according to a press summary of its decision.
After the regulator partially approved Supermac’s request, McDonald’s appealed to the EU court.
Supermac’s portrayed the decision as a David and Goliath-style victory. Managing Director Pat McDonagh accused McDonald’s of “trademark bullying to stifle competition.”
“This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals. It represents a significant victory for small businesses throughout the world,” McDonagh said in a statement.
The Irish company doesn’t sell a sandwich called the Big Mac but does have one called the Mighty Mac with the same ingredients.
McDonald’s was unfazed by the ruling, which can be appealed to the European Court of Justice, the bloc’s highest court, but only on points of law.
“The decision by the EU General Court does not affect our right to use the ‘BIG MAC’ trademark,” the company said in a press statement. “Our iconic Big Mac is loved by customers all across Europe, and we’re excited to continue to proudly serve local communities, as we have done for decades.”
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Trump shakes up spending talks with call on Congress to eliminate debt ceiling
In a move that has stunned Washington, President-elect Donald Trump is now urging Congress to eliminate the debt ceiling, dramatically shaking up talks among lawmakers, who are at an impasse over federal spending and government funding, which is scheduled to lapse this weekend.
While some on Capitol Hill have balked at Trump’s latest demand, the president-elect was unwavering on Thursday. He said he is determined to hold his position that lawmakers should both oppose any sweeping spending measure that includes “traps” from Democrats and abolish the debt limit before he takes office next year.
“Number one, the debt ceiling should be thrown out entirely,” Trump said in a phone interview. “Number two, a lot of the different things they thought they’d receive [in a recently proposed spending deal] are now going to be thrown out, 100%. And we’ll see what happens. We’ll see whether or not we have a closure during the Biden administration. But if it’s going to take place, it’s going to take place during Biden, not during Trump.”
Trump’s comments, which have sent negotiators in both parties back to the drawing board ahead of the expiration of government funding at 12:01 a.m. on Saturday, came a day after he called a bipartisan spending deal “ridiculous and extraordinarily expensive” and said that any legislation to extend the federal government’s funding should also include plans for “terminating or extending” the debt limit.
Still, Trump, who built a decades-long business career as a negotiator and dealmaker, appeared to leave room for House Speaker Mike Johnson and other top Republicans to find consensus on new options that he would find sufficient.
When asked how he would like to see this standoff end, Trump replied, “It’s going to end in a number of ways that would be very good.”
Trump said the discussions are ongoing and it is too soon for him to spell out more details on what the contours of a final agreement should be.
“We’ll see,” Trump said. “It’s too early.”
But Trump said he will continue to closely track how Democrats might seek to influence any revised deal and voiced displeasure at how the initial bipartisan deal had Democratic provisions.
“We caught them trying to lay traps. And I wasn’t going to stand for it,” he said. “There are not going to be any traps by the radical left, crazy Democrats.”
Tesla CEO Elon Musk, a billionaire who spent almost $300 million to back Trump and other Republican candidates in the November elections, also opposed the initial bipartisan spending deal, which he called “terrible.” When Johnson scrapped it, Musk wrote on X, “The voice of the people has triumphed!”
Trump’s focus on the debt ceiling, which caps the federal government’s borrowing authority, comes as he faces a showdown over the issue during the first year of his upcoming term. That prospect, several people close to Trump say, has drawn his attention because he wants to spend his time and political capital next year on other issues and would prefer Congress addresses it now.
While the current cap on federal borrowing is suspended until Jan. 1, 2025, the Treasury Department would be able to take steps to avoid default for a few months into next year. Nevertheless, the government could face an economically fraught default sometime early next year should the debt ceiling not be extended or addressed by Congress.
When asked Thursday about Trump’s call to address the debt limit, Rep. Hakeem Jeffries of New York, the House Democratic leader, said, “the debt-limit issue and discussion is premature at best.”
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CEO shooting suspect Luigi Mangione arrives in New York after waiving extradition in Pennsylvania
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