Business
Dawn Ellmore Employment reviews the shock defeat for McDonald’s as it’s stripped of its ‘Big Mac’ EU trade mark
For more than half a century McDonald’s has been a recognisable brand in just about every country you can think of. According to its website, the chain has restaurants in 101 countries. Its 36,000+ restaurants serve around 69 million fast food fans every single day.
With stats like this, and McDonald’s easily recognised by just about anybody, the recent EU trade mark ruling has surprised many. McDonald’s has just lost its EU trade mark for the Big Mac in what is dubbed a ‘David and Goliath’ battle with a small Irish chain.
How did McDonald’s lose its Big Mac EU trade mark?
When Supermac’s took on the might of McDonald’s in a trade mark battle, it was assumed by many that the smaller chain would lose. While Supermac’s may not be a household name in the UK, however, it’s much loved in Ireland.
Now the largest fast food chain in Ireland, Supermac’s began in 1978 and today has more than 110 franchises and restaurants all over the country. Founded by Pat and Una McDonagh, it was named after his nickname, ‘Supermac’ when he played Gaelic football. They also own Claddagh Irish Pubs & Restaurants through Supermac’s Ireland Ltd.
The EU trade mark battle
Supermac’s has been locked into an ongoing fight with McDonald’s since 2015, when it announced plans to expand into the EU and UK. McDonald’s initially objected to Supermac’s registering a number of trade marks for products and its name. They argued that the names McDonald’s and Supermac’s are too similar and would cause customer confusion. McDonald’s further argued that the Supermac’s brand name is visually too similar to their trade mark.
Supermac’s responded by pointing out that they had happily traded at the same time as McDonald’s in Ireland for more than 30 years with no signs of confusion on the part of customers.
Initially, McDonald’s won a part-victory when the European Union’s Office for Harmonisation in the Internal Market (OHIM) decided that Supermac can continue to trade in its own name within the EU. However, it rejected the Irish company’s trade mark applications for various products and menu items, saying that consumers might “be confused as to whether Supermac’s is a new version of McDonald’s”, given that there are near-identical products sold by both restaurant chains.
Revoking McDonald’s EU trade marks
In January 2019, the European Union Intellectual Property Office (EUIPO) made a decision that allows victory to Supermac’s after all. By ruling that EU trade marks owned by McDonald’s are to be revoked, Supermac’s is clear to expand into the rest of the EU.
The landmark decision went into effect immediately, on the basis that the EUIPO rules that McDonald’s had failed to prove “genuine use” of its Big Mac trade mark as a restaurant or menu item.
Unsurprisingly delighted, Pat McDonagh says: “Never mind David versus Goliath, this unique landmark decision is akin to the Connacht team winning against the All Blacks. This is the end of the McBully. Just because McDonald’s has deep pockets and we are relatively small in context, doesn’t mean we weren’t going to fight our corner.”
How the fight played out
In April 2017, Supermac’s requested that the EUIPO cancel McDonald’s trade mark for ‘Big Mac’ and ‘Mc’. The chain also accused the US giant of “trade mark bullying” by registering and gaining protection for names, but not actually using them to stamp down any potential competition.
On its part, McDonald’s legal representatives provided signed affidavits from high level executives and showed examples of packaging and adverts to demonstrate it serves Big Macs right across the EU, and therefore deserves to retain the EU trade mark for that specific product.
However, the EUIPO deemed this “insufficient” in its judgement. As trade marks are registered at national level and at the EU, McDonald’s does not lose all of its protection for the Big Mac. They also have the right to appeal, which we suspect they are likely to do.
Supermac’s forges ahead
For Supermac’s, all eyes are on the future. Mr McDonagh says: “This now opens the door for the decision to be made by the European trade mark office to allow us to use our SuperMac as a burger across Europe.”
A representative from EIP, an intellectual property law firm, Carissa-Kendall Windless, says: “This decision is a significant one, partly because it serves as a warning to multinational companies that they can no longer simply file trade mark applications without a genuine intention to use it”.
It’s inevitable that McDonald’s will exercise its right to appeal, and it will be interesting to see how this David and Goliath battle goes on this year.
About Dawn Ellmore Employment
Dawn Ellmore Employment was incorporated in 1995 and is a market leader in intellectual property and legal recruitment.
Business
Do’s and Don’t’s of Firing People

As a business leader one of the hardest things that you could do is fire an employee. Of course, it sounds like an easy thing to do if the employee is rightfully deserving of being fired, but it is a lot easier said than done. Is a decision that many managers actually lose a lot of sleep over, because it’s such a difficult undertaking.
No matter what you do though, whether you are firing somebody because they are just not the right fit for your business, or you are dismissing an employee for gross misconduct, legal issues can arise that could do damage to your business. HR professionals across the country will tell you that there are many different ways of gracefully terminating an employee’s contract, but there are some do’s and don’ts that you could do to make it an easier process that can help you deal with it. Let’s take a look at a few of those below.
- Do get everything in order before you fire them. From evidence as to the reason they are fired, to the paperwork for them to leave the business, get everything in order so that there are no loose ends. For a firing to go smoothly this needs to be prepared in advance. Before you terminate the employee, you need to be able to prevent any misunderstandings or even accusations of illegal activity going on. Follow the policies and procedures in place of your organization and if necessary, consult a lawyer. Secure computer files, make sure you pull together all in performance appraisals and written warnings as any other correspondence that you might need. You should also make sure that you have all of the payroll information in place so that you can reassure the person being fired that they will be paid according to the law.
- Do choose a private space. Let’s be honest, nobody wants to be fired from their job. It leaves a bad taste, it’s nothing to be proud of, and it can be embarrassing for the employee. When you are dismissing somebody, you need to choose the right time and place and make sure that there are no eavesdroppers. It’s always a good idea to do it as early in the week as possible at the end of the day so that you minimize impact to your business. If an employee depends on the company or their colleagues to get home, it just makes good sense to ensure that they are not going to be left stranded.
- Don’t fire somebody with an audience around. As we mentioned before, anybody in your business has a right to privacy. Doing it in front of an audience will be poor behavior on your part as an employer. It also won’t help people in the office to feel comforted by the idea that they may not be next. Use an official meeting space, as it’s a private and neutral location that is free from any disruption.
- Don’t forget to toe the line. If you terminate an employee on parental or medical leave, or you terminate an employee who is pregnant, you are going to open yourself up to a lawsuit. Toe the line when it comes to the law and make sure that you are firing somebody with all of your ducks in a row in advance.
Terminating an employee’s contract is not easy, but sometimes it needs to be done.
Business
Best Strategies to Create an Comfortable Atmosphere in Your Restaurant

Creating an inviting and comfortable atmosphere in any restaurant is essential for success. Customers often form their first impression of the restaurant based on its ambiance, and if it isn’t pleasant or enjoyable, they are less likely to come back. It’s important to consider all aspects that can make up a positive dining experience — from the decor to the music playing in your establishment to the service you provide. Here are some strategies that will help you create an atmosphere that customers won’t forget.
Decor:
The key to creating a cozy environment is by designing decor that reflects your restaurant’s style and promotes relaxation. Think about what kind of mood you want customers to feel when they enter your restaurant — from the lighting to the art on the walls to the decorations that adorn your tables. Depending on the cuisine you serve and the atmosphere you want to create, consider investing in muted tones or warm colors for a calming effect or bright and vibrant shades for an energetic vibe.
Music:
The music playing in your restaurant can make all the difference. Too loud music can be overwhelming and uncomfortable, while music that’s too quiet won’t create an inviting atmosphere at all. Consider investing in a music player for restaurant so you can control what music is played and when it starts and stops. You should also consider whether you want to provide live or recorded music. Live music will usually give customers a sense of authenticity and provide them with something to enjoy during their meal, while pre-recorded songs can help set the background without being distracting.
Service:
Your service can be just as important as the ambiance in creating a memorable experience. Make sure your staff is well-trained, friendly, and attentive to guests’ needs. Ensure they understand your restaurant’s standards and expectations — from proper table setting etiquette to how glasses should be filled. Customers greatly appreciate being treated with respect and kindness, so make sure your waitstaff is not only efficient but also shows genuine care for their customer’s satisfaction.
Atmosphere:
Creating the perfect atmosphere requires more than just the decor, music, and service — it also includes small touches that will make your restaurant stand out. For instance, consider offering complimentary snacks or appetizers to customers while they wait for their meals to arrive. You can also provide warm towels after meals as a sign of endearment and appreciation. Additionally, choosing linens with exquisite patterns or using fresh flowers on each table will add even more charm to your restaurant’s atmosphere.
Business
Turn Your Passion into a Career: How to Make Money Doing What You Love

Many dreams of turning their hobby, passion, or creative outlet into a career. It’s a beautiful idea, but it can take time to figure out where to start. Here’s a guide on successfully turning your hobby into a career.
Do Your Research
Before you turn your hobby into a business, please research and find out what the industry looks like, your potential customers and their needs. Next, consider your strengths, skills, and knowledge and decide how to use them in this new venture. Finally, consider what makes you unique in the industry and how you can market yourself.
Take A Strong Career Test
A Strong Career Test can help you identify your ideal job and the type of environment you would flourish in. In addition, knowing this information can give you an idea of what kind of business to start and whether it’s something you’d be passionate about.
Think About Finances and Legalities
Once you have an idea of what you want to do, consider the financial aspect – are there any costs associated with getting started? What sort of budget will you need? Will there be any tax implications? It’s also essential to think about the legal side of things – if necessary, consult with a lawyer specializing in business law so that you understand all the regulations associated with starting up and protecting your intellectual property rights.
Create a Business Plan
Now that you have researched and considered the legalities and finances involved, create a business plan that outlines all this information. Make sure it includes short-term and long-term objectives to keep track of your progress over time. Be realistic when setting targets for yourself – don’t aim too high at first because this could set you up for failure if it doesn’t pan out. Also, consider whether or not there is potential for growth or expansion once your business gets off the ground. This may include marketing strategies such as social media campaigns or investing in advertising materials such as brochures or flyers.
Start Networking
Networking is essential when launching any new business; it’s about building relationships with people who may be interested in your offer. Start by reaching out to family, friends, and acquaintances who may already know about your business or service offering; they may even be willing to share it with others! Additionally, join online groups related to your area of expertise – these are great places for exchanging ideas with like-minded people and potentially finding potential customers/collaborators/mentors/partners, etc. Finally, attend events such as trade shows or conferences where relevant topics are discussed – these are ideal opportunities for making connections within the industry that could prove beneficial down the line!
Turning your hobby into a career is no small task, but it can be approached thoughtfully and strategically! Please research the industry thoroughly before beginning to understand its nuances; familiarize yourself with the legalities of running a business; create a viable yet ambitious business plan; network extensively (both online & offline). And never give up! With dedication & hard work, anything is possible.
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