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July 13, 2005
McAngry lawyer files suit over shirt
(Photo:AFP)
Australian attorney Malcolm McBratney is McTicked off. Sponsor of a local rugby team called the "McBrats", McDonalds has challenged his right to use the term, alleging a conflict with a trademark they own on "McKids".
According to an AFP article:
"What it boils down to is that McDonald's seems to be trying to own not only the McDonald name but everything beginning with Mc," said McBratney, who is a specialist in intellectual property rights."There are a lot of people with Irish and Scottish heritage who'd dispute that, including me, and I'm prepared to take them on."
McDonald's maintains it is only protecting intellectual property, but McBratney is trying to throw out McDonald's trademark, claiming it was filed in 1987 and has not been used in recent years.
"I think it smacks of corporate arrogance that even though McDonald's is not using the McKids trademark in Australia, it still thinks it can block the registration of a separate trademark that has nothing to do with its business," McBratney said.
I think he has a case. I don't know anything about Aussie law, and very little about law in general, but I know from experience from registering some of my trade names like Desert Island Foods™ and Survival Spice™ that when you register a trademark or service mark here, you have to demonstrate current use or intent to use. A trademark is not granted in perpetuity, and once the conditions for filing are not met it is challengable in court.
Posted by The Pragmatic Chef at July 13, 2005 8:13 AM
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Oh, brother.
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Comments
That reminds me of years ago when McDonald's sued (or tried to) the city of Norton Shores, MI about putting a(nother) restaurant up, and there was an article in the local paper titled "Did somebody say McLawsuit?"
Posted by: Chris at July 13, 2005 10:03 PM