‘Super Mak’ not Big Mac copy, SC says in ruling

A local burger chain has been cleared of indirect contempt by the Supreme Court in a case filed by international fast food giant McDonald’s Corp.

In a 12-page decision, the Supreme Court’s First Division ruled that LC Big Mak Burger Inc. did not violate the court’s Aug. 18, 2004, order which held LC Big Mak liable for trademark infringement and unfair competition for using the “Big Mak” brand in its burgers.

Big Mak was obviously a play on McDonald’s flagship product “Big Mac,” which was first sold in the United States in 1967.

The high court annulled the Feb. 2, 2017, resolution of the Court of Appeals which found LC Big Mak guilty of indirect contempt and ordering it to pay a fine of P30,000 for its alleged refusal to stop using the Big Mak brand.

The Supreme Court said testimony and documentary evidence showed that LC Big Mak was now selling “Super Mak” burgers and not Big Mak anymore. —Marlon Ramos