The Mc"Clans" are In Danger

[MacMillan of Rathdown]

So if Ms. McCluskey's company is granted the trademarks rights to "McFest", and later on someone else files a trademark request for "McFeste", and McCluskey's company chooses to file an objection to the request for trademark, is she being a bully?

Or is it bullying only if the objections are filed by large corporations?

[Tobus]

So if Ms. McCluskey's company is granted the trademarks rights to "McFest", and later on someone else files a trademark request for "McFeste", and McCluskey's company chooses to file an objection to the request for trademark, is she being a bully?

Or is it bullying only if the objections are filed by large corporations?

Depends on the situation. Is there evidence of attempted "stolen corporate identity"? Is the new trademark seeker in your example looking to profit off of her idea? Or is it a totally unrelated product/service/event, where no reasonable person would confuse the two?

That's what will make it a difference between a reasonable case and bullying. Trademarks exist for the purpose of protecting a company's business from fraudulent behavior. But when there's no possible evidence of fraud, and not even a reasonable case to be made that the newcomer's name will damage the trademark holder's business, there's no sensible reason to deny the newcomer his or her own unique trademark.

[davedove]

where no reasonable person would confuse the two?

And that is the meat of the whole discussion. A reasonable person is not always what an individual considers reasonable. That's why we have boards, panels, courts, etc. - to determine what is reasonable.

[MacMillan of Rathdown]

*****

[The Guy in the Kilt at UC]

So if Ms. McCluskey's company is granted the trademarks rights to "McFest", and later on someone else files a trademark request for "McFeste", and McCluskey's company chooses to file an objection to the request for trademark, is she being a bully?

Or is it bullying only if the objections are filed by large corporations?

Depends on the situation. Is there evidence of attempted "stolen corporate identity"? Is the new trademark seeker in your example looking to profit off of her idea? Or is it a totally unrelated product/service/event, where no reasonable person would confuse the two?

That's what will make it a difference between a reasonable case and bullying. Trademarks exist for the purpose of protecting a company's business from fraudulent behavior. But when there's no possible evidence of fraud, and not even a reasonable case to be made that the newcomer's name will damage the trademark holder's business, there's no sensible reason to deny the newcomer his or her own unique trademark.

I think this is going to get confusing, with trademark infringement cases depending on the situation. When things get complex, I try to make a diagram or an equation to figure everything out. So here goes:

poor people = good
rich people = bad

So in our case, McDonald's is bad because they are rich. They are using their wealth to bully a poor person (who is good). Now MoR's hypothetical situation would only cause outrage if McFeste is poor and McFest is bad. So if her charity organization had grown and McCluskey had used the profits for lavish fundraisers and such, then that would be the same as being rich (which is bad).

The only complexity is if 2 poor people are involved, in which case I think it is settled by a cage match.

[CDNSushi]

When things get complex, I try to make a diagram or an equation to figure everything out. So here goes:

poor people = good
rich people = bad

I am assuming that you are being sarcastic...

[The Guy in the Kilt at UC]

I am assuming that you are being sarcastic...

I'm just trying to find a pattern in my observations. My young mind is still trying to figure out how the world works. Society seems to have separate expectations for different groups. I'm not saying what should be done; I'm trying to find the pattern of reaction to what is being done.

...except for the cage match. That is sarcasm. I don't think it'll be easy to get poor people into a cage.

[MacMillan of Rathdown]

When things get complex, I try to make a diagram or an equation to figure everything out.

This won't work if you are dating two girls at the same time.

If one really wants to know what's happening, and how it all works, I'd suggest they take a course in Intellectual Property law. Not only will they learn about copyright and trademark, but by extension they will gain a better understanding of the "Law of Arms" as it is applied in today's world.

[The Guy in the Kilt at UC]

Did anyone actually read the article? I can't say I'm not guilty. She isn't getting sued by McDonald's. She tried to file for the trademark, and naturally McDonald's challenged her right to register. Now she's spending $5000 to fight for the name. That money should just go to the charity, and life should just go on.

Well it will for me.

[berserkbishop]

Did anyone actually read the article? I can't say I'm not guilty. She isn't getting sued by McDonald's. She tried to file for the trademark, and naturally McDonald's challenged her right to register. Now she's spending $5000 to fight for the name. That money should just go to the charity, and life should just go on.

Well it will for me.

Thanks for this clear and concise post! I agree completely and couldnt have said it better. Has anyone actually bothered to read this article?