X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
U.S. fast-food giant McDonald’s on Tuesday won a landmark ruling from the Philippine Supreme Court in its 16-year battle to protect its “Big Mac” trademark from local infringement. The court reversed a 1994 ruling that gave a local food company the right to sell “Big Mak” sandwiches, saying it violated the McDonald’s trademark. McDonald’s and its Philippine franchisee, McGeorge Food Industries, had fought the “Big Mak” label since 1990, when a lower court upheld their rights and ordered L.C. Big Mak Burger Inc. to stop using the label and pay damages to the U.S. company dating back to 1988, when it sought to register with the Philippine patent and trademark office. But Big Mak won on appeal in 1994, when a higher court ordered McDonald’s to pay the local company 1.9 million pesos (US$34,000; euro 28,000) in damages. McDonald’s then took the case to the Supreme Court. The tribunal said that by calling its hamburger sandwiches “Big Mak,” the local food company saved a lot in advertising to promote its product. It also ruled that L.C. Big Mak was liable for unfair competition since the packaging of its products “clearly shows respondents’ intent to deceive the public.” The decision is viewed as a landmark in efforts to fight intellectual property rights violations. For the past three years, the Philippines has been on a U.S. watch list of countries where intellectual property rights are deemed inadequate. Copyright 2004 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.