Another Mc-Lawsuit!

[LillFilly]

Except, this time, McDonald's is the bad guy!

http://www.walletpop.com/blog/2010/0...f-mcdonalds%2F

This just BURNS of stupid!

[Pedersen]

Simple facts, and then I abandon this thread. Opinions about this are likely to belong on Fratching.

McClusky is in Chicago, IL, USA. USA trademark law applies.

In the USA, a company with a registered trademark must defend that trademark when they are made aware of infringement. Failure to defend means that they will lose it. Several words have already had this happen. I have heard cited as examples (though do not feel like confirming at this moment) the words thermos, kleenex, and nearly xerox (as in "Make me a xerox of this").

Trademark laws restrict a registered mark to a specific domain (this is why Apple Records held a mark for Apple in the music industry, while Apple Computer could hold a simultaneous mark for Apple in the computer industry).

McDonald's has a wide variety of marks registered to them, in a number of domains. Citing from the article, a few of them are: McPen, McBurger, McBuddy, McWatch, McDouble, McJobs, McShirt, McPool, McProduct, McShades, McFree, McRuler, McLight. Every one of them starts with "Mc", and, as you can see, they cover a wide variety of domains.

McFest is a charitable event dedicated to raising funds for the Special Olympics.

If I am traveling through Chicago, and happen to hear about such an event, I am very inclined to associate that event with McDonald's. If you think about, you are likely to do the same. Many people do, simply because the prefix "Mc" is so widely associated with McDonald's, especially here in the USA.

The event is only three years old. It is a local event, and as such would easily have been missed by McDonald's corporation until such time as the trademark registration was filed. Now that McDonald's is aware of this, they must act on this, and do everything they can to either get the name changed, or license their name for use with the event to the McClusky's. McClusky, for her part, does not wish to have McDonald's name associated.

In this case, McDonald's is doing nothing more than what it is legally required to do. It is trying to make accommodations to allow the event to continue with as close to the same name as possible, and still protect itself from losing its own marks.

Does this suck for McClusky? Yes. Does this suck for McDonald's? Yes (after all, they either risk their own marks, or have to look like the bad guy here, even though they're trying to accommodate) Is McDonald's in the wrong legally? No. Is McDonald's in the wrong morally? Take that answer to Fratching.

[RayvenQ]

Simple Soloution, call it FestMc

[ditchdj]

They should sue Ireland and Scotland while they're at it too. You've got entire governments there sanctioning millions of people ripping off their "Mc" trademark by using it as their last names.

[Rapscallion]

Take that answer to Fratching.

There's a thread already there about it

Rapscallion

[Dips]

And here's the link:

http://www.fratching.com/showthread.php?t=2189

No need to keep this one open now that the facts are out.