PROVING THINGS 138 : A WHOPPER OF AN OMISSION: McDONALD’S FAILS TO PROVE TRADEMARK RIGHTS TO “BIG MAC”: ADEQUATE EVIDENCE WAS NOT ON THE MENU
I am grateful to Yisroel for pointing out the decision of the European Union Intellectual Property Office in the “Big Mac” case. It is not my usual reading. However Yisroel points out that McDonald’s failed because of a basic failure to prove things. The use of Wikapedia to prove things was particularly discouraged.
“it is noted that Wikipedia entries cannot be considered as a reliable source of information, as they can be amended by Wikipedia’s users and therefore these could only be considered relevant as far as they are supported by other pieces of independent concrete evidence”
An Irish burger chain “Supermac’s” sought the revocation of McDonald’s trademark in Europe of the word “Big Mac”. The issue arose because McDonald’s had earlier objected to items such as “the Mighty Mac Burger”. McDonald’s had to establish “genuine use”. The burden of proof was on McDonald’s. It failed to prove that basic point.