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December 06, 2004

McProblems for McDonald's

If you went to a grocery store and saw MacTea, MacChocolate, and MacNoodles on the shelf, what would you think?

According to The Singapore Court of Appeal, you don't think of McDonald's. Considerations in this determination included: (1) the extent of the reputation of the existing mark; (2) how the proposed mark is to be used; (3) the nature of the goods; (4) how the goods are to be sold; and (5) who the target customers are.

Since McDonald's sells fast food and the marks mentioned above pertain to unprepared supermarket goods, the marks don't violate McDonald's trademarks. At least in Singapore. For more on this story, click here.

The outcome in the U.S. would probably be very different. In 1988, McDonald's prevented the use of McSleep for lodging in the case Quality Inns International v. McDonald's Corporation, 695 F. Supp. 198 (D. Md. 1988). McDental and McBagel are more examples of forbidden names for anyone but McDonald's.

So, if you're in a U.S. grocery store and you see MacTea, you'll know that it comes from McDonald's. However, if you're in Singapore and see MacTea, be careful. In Singapore, McDonald's won't be responsible for burns caused by MacTea.

A related story from 2003 deals with the addition of McJob to the dictionary (McDonald's was displeased with the definition).

Posted by at 10:07 AM.
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