Thank you for visiting my blog. I post things I think will be of interest to high school students and teachers of economics/government/civics etc. Please leave a comment if what you find here has been useful to you. THANK YOU!
Three years ago, teenager Lauren McClusky thought she'd help raise money for the Special Olympics in Chicago by staging concerts with local bands. Lauren raised more than $30,000 to help people with conditions like Down syndrome or autism take part in sports competitions.Because her last name is McClusky, Lauren called the concert series "McFest." After 3 years of success, she applied to trademark the McFest name. Silly -- Didn't she know that might make McDonald's unhappy? McDonald's sees that as an infringement on its trademarks, something the McDonaldland lawyers refer to as "the McFamily of brands." These include (deep breath): McPen, McBurger, McBuddy, McWatch, McDouble, McJobs, McShirt, McPool, McProduct, McShades, McFree, McRuler, McLight -- and even the prefix "Mc" itself.
And even "McFest" apparently, which has nothing to do with dried-out burgers.Ronald McDonald may clown around but his lawyers are serious. A McDonald's spokeswoman spelled it out:
"(T)he law requires us to guard against third parties that infringe our trademarks and to take the necessary action to stop those infringements"...
McDonald's filed an opposition. So instead of donating funds from her 2009 concert to Special Olympics, McClusky's had to hire lawyers to answer a series of administrative proceedings McDonald's filed with the U.S. Patent and Trademark Office. To date, it's cost her roughly $5,000 -- money she wishes had gone to Special Olympics kids instead of attorneys.
No good deed goes unpunished. Lauren McClusky has learned the new Golden Rule: He who has enough gold to hire lawyers makes the rules. If you have the legal firepower, you can claim ownership of something as basic as the prefix "Mc," even though Lauren and millions of others use it as part of their names. Give me a break.
Thank you for the comment. You are correct, I do not understand trademark law. I reposted the entry without personal comment. I did so mainly as a human interest story for my students, not as a lesson on trademark law. However, I do know alittle about Public Relations and regardless of legal questions, I think you have to admit it is, at least in some small way, a ding on McDonalds "reputation" and that THAT does matter to McD's...Thanks again for the link. It gave me a quick primer on the topic relative to the McDonalds "case". I appreciate the lesson...
Well, the thing is, what could McDonalds have done? They *can't* allow a registration to issue, otherwise they lose trademark turf. The only reason that this is a ding on McDonald's reputation is because so many bloggers and journalists don't understand what the story is all about.
I am no fan of McDonalds. I wish that the entire corporation would go out of business, and that every single one of their restaurants would burn to the ground. It is a blight on the planet.
You don't understand trademark law. read here and then see if you are still all horked off at McDonalds.
ReplyDeleteProfessor Randazza,
ReplyDeleteThank you for the comment. You are correct, I do not understand trademark law. I reposted the entry without personal comment. I did so mainly as a human interest story for my students, not as a lesson on trademark law. However, I do know alittle about Public Relations and regardless of legal questions, I think you have to admit it is, at least in some small way, a ding on McDonalds "reputation" and that THAT does matter to McD's...Thanks again for the link. It gave me a quick primer on the topic relative to the McDonalds "case". I appreciate the lesson...
Most welcome!
ReplyDeleteWell, the thing is, what could McDonalds have done? They *can't* allow a registration to issue, otherwise they lose trademark turf. The only reason that this is a ding on McDonald's reputation is because so many bloggers and journalists don't understand what the story is all about.
I am no fan of McDonalds. I wish that the entire corporation would go out of business, and that every single one of their restaurants would burn to the ground. It is a blight on the planet.
But, fair is fair.