The Mc"Clans" are In Danger

[Tobus]

If not, and you are okay with corporate identity theft

I am most certainly not, and I'll thank you not to put words in my mouth.

Again, this has nothing to do with "corporate identity theft". This young lady has been very clear about who she is and what she does. Not even McDonald's is claiming she's trying to steal their corporate identity.

Like I said, this is a name they have never used. And just because it sounds like something they might use does not make it theirs.

Now I could probably agree with you if this were a case of someone trying to ride their coattails. Remember the movie "Coming to America" where the man owns a chain of hamburger restaurants called "McDowells" and has the "golden arcs" instead of "golden arches"? That, I would agree, is a case of attempted corporate identity theft.

But not this. Not by a long shot.

[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.

[NewGuise]

Apparently director Billy Morrissette and his producers were never sued over the film Scotland, PA, in which Duncan's cafe becomes McBeth's drive-in, complete with blood-red arches. I fail to understand how "McFest" poses a (greater) threat...

[Smayniac]

Apparently director Billy Morrissette and his producers were never sued over the film Scotland, PA, in which Duncan's cafe becomes McBeth's drive-in, complete with blood-red arches. I fail to understand how "McFest" poses a (greater) threat...

Literature and satire enjoy certain liberties in this instance. Sounds like a film I'll have to find.

There was a case of local interest some years ago where a health food restaurant called themselves "McDharma's" and received greetings from McDonald's attorneys. The corporate giant won that case, but the smaller entity still exists, albeit without the "Mc" at the beginning of their name.

Bob

[Bigkahuna]

I think we should all go out for a nice glass of "Johnny Walker",my treat......John R. Walker

[MacBean]

I think I'll register the letters of the alphabet. No one else can use them without my permission.

I have disliked this outfit (and most chain stores that infest our roadways) for decades, but they seem like small potatoes compared to the mega-chains like Wally and more recently Wegmans.

To be fair, they are not blocking her use of McFest for charity at all, just blocking her trademarking it as they already own that trademark. I can't fault them for that.

[beloitpiper]

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?

But she's not calling her festival "McDanalds", it's "McFest". And even if it was called "McDanalds" it still wouldn't be within McDonalds' domain. Sure, they're similar in name, but one is a $h!##& fast food joint and the other is a charity benefit for the Special Olympics. I doubt anybody will confuse the two.

[MacMillan of Rathdown]

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