Case Digest: Mcdonalds vs L.C. Big Mak Burger

Mcdonald’s Corporation et.al. vs. L.C. Big Mak Burger, Inc., et. al., G.R. No. 143993, August 18, 2004

FACTS:

The court ruled that the use of the respondents of the “Big Mak” mark infringed the trademark of that of petitioner McDonald’s “Big Mac”. Using the dominancy test, the court reasoned that both marks are closely similar (visually and orally). The law prohibits usage of marks which might cause confusion and mistake or might deceive/mislead consumers as to the origin, general appearance, nature, and kind, among others, of their products and/or services (Sec 155.1, ICP).

RULING:

The court not only ruled on the confusion of similar goods but also on the issue of confusion of business. The Court found that petitioners have duly established McDonald's exclusive ownership of the "Big Mac" mark and that usage of respondents of the “Big Mak” mark has unjustly created the impression that its business is approved and sponsored by, or affiliated with petitioners.

The court also found respondents guilty of unfair competition, reasoning that respondents passed off their products as though they were of petitioner’s. Had respondents gave due notice as to who clearly sells the products, they would have only been guilty of infringement.

Categories: Big Mac, Case Digest: Mcdonalds vs L.C. Big Mak Burger, G.r. 143993, INTELLECTUAL PROPERTY LAW, Mcdonalds