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Can a corporation trademark a common Irish surname?

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posted on May, 29 2010 @ 04:24 PM
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Holy crap, this story is ridiculous!

McDonalds is taking some poor girl to court for trademark infringement because her family sponsors an annual fundraisers for the Chicago chapter of the Special Olympics. The family name is McClusky so they named the fundraiser McFest.


McDonald's attacks teen named "McClusky" over trademark infringement

(NaturalNews) McDonald's has initiated a legal battle against 19-year-old Lauren McClusky over her attempt to trademark the name of a charity festival.

McClusky, whose father is radio promoter Jeff McClusky, has held three annual fundraisers for the Chicago chapter of the Special Olympics. The first year, she co-organized the festival with a person whose name also began with the prefix Mc, so they dubbed it McFest.

After the third year, McClusky filed to make McFest into a registered trademark. McDonald's responded by filing against the request. At first, McClusky said, she was "kind of honored" that McDonald's had even noticed her event.

"But when we realized how serious it was, then it just got ridiculous and offensive," she said. "They just wouldn't listen."



McDonald's trademarks include McPen, McBuddy, McBurger, McDouble, McFree, McJobs, McLight, McPool, McProduct, McRuler, McShades, McShirt, McWatch and the prefix "Mc."

Read more: Natural News
Wallet Pop



Can you believe this crap?



This fat food giant has grown so big and arrogant it now believes that every Irish person in the world with an "Mc" surname needs it's permission in order to use their own name. Being a "Mc" myself, I find this hugely offencive.


I can see how it's legitimate to trademark the name McDonalds but these tyrants want to control the use of "Mc" in any way, shape or form. There are millions of people in the world with an "Mc" surname. I think it's just plain wrong that one mega-corporation is trying to exclude these people from using their own last names in any type of commercial venture. The second source said the girl being sued was afraid to use her own last name in the story for fear of legal reprisal.



I wonder if there's some Irish civil rights group out there that can take on this girl's cause and tell McDonalds that they cannot trademark a common Irish surname.





[edit on 5/29/10 by FortAnthem]




posted on May, 29 2010 @ 05:04 PM
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An honest corporation would offer to purchase it, if they actually planned to use it.

But if they wanted it in the first place, they would have filed McFest a long time ago and secured it.

So in all reality, the girls own the word now and if McD's doesn't like that they will have to purchase it.

The fact they filed a lawsuit shows they are not friendly or nice or cool.

They suck and are acting like scum.

I do not recognize copyrights on prefixes or suffixes. It is totally illogical.



posted on May, 29 2010 @ 05:04 PM
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reply to post by FortAnthem
 


Oh man.

The Corporations REALLY know how to shoot themselves in the foot.

I say take it to court and countersue for $2.5 Billion.

Hey McDonos

McEatMe,McEatMe,McEatMe,McEatMe,McEatMe,McEatMe,McEatMe

I think I am going to get that copyrighted!



posted on May, 29 2010 @ 05:11 PM
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This needs to make it into the public eye. I can not believe this, this is some super sized B.S. for them to get in the way of this person's fundraiser.

Witht the HCR on the horizon, this corporation is going to get hit big time on taxes. Now with this, I am sure the public would not side with McDonalds...so more McProfits going down the McDrain.

McIdiots are going to get the McBoot.

[edit on 29-5-2010 by prionace glauca]



posted on May, 29 2010 @ 05:13 PM
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That's Mctrosious (c) and they can blow their copyright out their Mc bottoms (c).

un-Mc'en believable...TM

[edit on 29-5-2010 by 2theC]



posted on May, 29 2010 @ 05:15 PM
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reply to post by endisnighe
 



I say take it to court and countersue for $2.5 Billion.


On what grounds?


An equally stupid, pointless and idiotic lawsuit? Countersue for stupidity? I mean...really...cmon.

McDonalds, true, shooting themselves in the foot on this one.

But there's no need for sensationalism



posted on May, 29 2010 @ 05:18 PM
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reply to post by FortAnthem
 


A few years back, McDonald's petitioned lexicographers who publish dictionaries to redefine the meaning of the word; McJob, which is:


: a low-paying job that requires little skill and provides little opportunity for advancement


Several newspapers reported this effort, here is what The Guardian had to say:


The fast-food chain McDonald's is lobbying dictionary publishers to change the meaning of the word "McJob". The term was first coined 20 years ago, was popularised by Gen-X author Douglas Coupland, and entered the Oxford English Dictionary in 2001 with the definition: "an unstimulating, low-paid job with few prospects, especially one created by the expansion of the service sector".


As that great tennis player McAgassi used to always say;

McImage is everything

Tennis anyone? McLove baby!

[edit on 29-5-2010 by Jean Paul Zodeaux]



posted on May, 29 2010 @ 05:24 PM
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This is McDiculous!

How can you trademark a prefix? That is absurd.

Does that mean I can trademark the letter 'A' and then sue anyone who uses a name beginning with the letter 'A' ?

What a bunch of McDouchebags.



posted on May, 29 2010 @ 05:29 PM
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This is not McDonalds fault, part of trademark law is that the company that owns the trademarks must go after and defend their trademark in every instance or risk losing their right to keep it trademarked.

Also you should save your criticism until you know the whole story, since it could be very plausible that this girl recognized the similarity of McFest to anything mcdonalds which has through decades of advertising and hard work helped build up its name recognition. So there could also be more reason why McDonalds went after this girl.

Since I know for a fact that there is a cafe in North carolina that is called McHealthy, that are only 2 years old and have never had problems with Mcdonalds.
maps.google.com...,-80.93318 9&sspn=0.012775,0.015192&split=1&rq=1&ev=zi&radius=0.52&hq=breakfast&hnear=&ll=35.136282,-80.933189&spn=0.012775,0.015192&z=16
But they never used or have anything in their store that could be construed as being mcdonalds.



[edit on 29-5-2010 by Desolate Cancer]



posted on May, 29 2010 @ 05:43 PM
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Ummmm isnt this girl doing the same thing McDonalds has done?, trade marking something that really, basicaly shouldnt be trademarkd. Both parties involved seem pretty moronic



posted on May, 29 2010 @ 05:44 PM
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Originally posted by Desolate Cancer


Since I know for a fact that there is a cafe in North carolina that is called McHealthy, that are only 2 years old and have never had problems with Mcdonalds.
maps.google.com...,-80.93318 9&sspn=0.012775,0.015192&split=1&rq=1&ev=zi&radius=0.52&hq=breakfast&hnear=&ll=35.136282,-80.933189&spn=0.012775,0.015192&z=16
But they never used or have anything in their store that could be construed as being mcdonalds.



and Mc Donalds could never have used or have anything in their stores that could be construed as being Healthy !!!!



posted on May, 29 2010 @ 06:56 PM
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This wouldn't be a problem if we didn't eat the Maccy Dees swill that passes for food.

C'mon people, ditch the burgers and buy food from your local farmer.



posted on May, 29 2010 @ 07:06 PM
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I am a 'Mc' also,

Its very very common here in Ireland, especially where I am. This is just stupid.

'Mc' or 'Mac' derived from the gaelic ' son of ' thats why there is so many Irish surnames with 'Mc' at the front.

All the 'Mc's' should start a group 'Mc's against McDonalds'



posted on May, 29 2010 @ 07:52 PM
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McDonalds and their lawyers need to learn the difference between "far enough" and "way too far". This is the kind of story that must make any rational person laugh and slap their forehead. Of course, she could have been using the Mc prefix to cash in on the McDonalds connection. But honestly, I think that particular corporation has enough money and bad blood and should just shut up.



I wonder if there's some Irish civil rights group out there that can take on this girl's cause and tell McDonalds that they cannot trademark a common Irish surname.


I hope not. That would blow this case out of proportion, and anyway the last thing the world needs is another self righteous "rights" organisation.



posted on May, 29 2010 @ 07:58 PM
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If McDonald's had a clue about this at all, they would offer the McClusky's a deal where they get to sponsor the event, and make a reasonable contract to sponsor the event for an agreed period of time, and thereby keeping McFest within the purview of their trademark, and adding the McClusky's efforts rather than attempting to stymie them.

Of course, in the interest of fairness, perhaps they have made such an offer, and for some reason the McClusky's declined.



posted on May, 29 2010 @ 08:24 PM
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Originally posted by stannis


I wonder if there's some Irish civil rights group out there that can take on this girl's cause and tell McDonalds that they cannot trademark a common Irish surname.


I hope not. That would blow this case out of proportion, and anyway the last thing the world needs is another self righteous "rights" organisation.



I think there are too many "rights" groups out there too.

I just find it infuriating that McDonalds has trademarked the "prefix Mc". That is ridiculous. A "McFest" could just as easily be an Irish American festival.

Some fat food corporation should not have the power to dictate who is allowed to use that or any prefix for that matter. Like an earlier poster suggested, someone could trademark the letter "A" using McDonald's logic.


Somebody needs to stand up to them and make this insanity stop.



posted on May, 29 2010 @ 09:03 PM
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I just find it infuriating that McDonalds has trademarked the "prefix Mc". That is ridiculous. A "McFest" could just as easily be an Irish American festival.


I agree completely, though I would add that "Mc" or "Mac" is just as common, if not more so, in Scottish surnames.

[edit on 29/5/2010 by stannis]



posted on May, 29 2010 @ 09:56 PM
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None of you people understand Trademark law. Mcdonalds is required underlaw to defend every instance of possible trademark infringement, or risk losing it.

A couple years ago there was a kid who started a webservice under his own personal name which was Michael Soft if my memory serves me right. And microsoft sued him, same thing people got all upset, but most people dont understand that it is required under trademark law for the holder to go after all these instances.



posted on May, 29 2010 @ 10:22 PM
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Originally posted by Desolate Cancer
None of you people understand Trademark law. Mcdonalds is required underlaw to defend every instance of possible trademark infringement, or risk losing it.

A couple years ago there was a kid who started a webservice under his own personal name which was Michael Soft if my memory serves me right. And microsoft sued him, same thing people got all upset, but most people dont understand that it is required under trademark law for the holder to go after all these instances.




Looks like trademark law forces everyone to be big, obnoxious, bullying idiots. Sounds like those stupid zero-tolerance rules for the schools.



Why is there no common sense allowed in the laws nowadays?



posted on May, 29 2010 @ 10:40 PM
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Originally posted by Desolate Cancer
None of you people understand Trademark law. Mcdonalds is required underlaw to defend every instance of possible trademark infringement, or risk losing it.

A couple years ago there was a kid who started a webservice under his own personal name which was Michael Soft if my memory serves me right. And microsoft sued him, same thing people got all upset, but most people dont understand that it is required under trademark law for the holder to go after all these instances.



I don't see where the people at McFest are selling fast food. Trademark is anchored to a specific industry. The McDonalds trademarks do not apply to the furniture industry, for instance.



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