Craig HillThe McDonald's Mc-Battle
August 7th 2006 09:27
www.morguefile.com
I often crave a cheeseburger from McDonald’s. I think it’s the pickle that does it for me. That one kinda sweet, kinda salty, kinda sour ingredient that fuses so well with the mustard and the ketchup and the 100% Australian all-beef patty.
Just one bite can take me on a journey back in time - When leggings were cool and side pony-tails even cooler, and the only decisions in my life involved choosing between the sweet and sour sauce or the barbecue. A happy place, where we gathered for our play dates and had competitions to see if you could suck the lemonade out of the straw with a french fry in it.
Ah yes, back in the day the fast food giant was everybody’s friend and suing it would be like suing your own blood.
My, how the world has changed.
The latest case involving Macca’s concerned a trademark dispute with an intellectual property lawyer in Brisbane. Believe it or not, it was all about being able to use the “Mc-” prefix on some rugby shorts.
Malcolm McBratney, partner of legal firm McCullough Robertson said that McDonald’s had prevented him from using the label “McBrat” on his team uniform. He says that Macca’s was trying to extend it’s rights way beyond what was reasonable.
And he was right. The reality is, that although the prefix is unique to the fast food chain, this does not mean that the right to the prefix used in other contexts, in this case, on clothes, solely belongs to McDonald’s.
Clearly, if it were used in relation to burgers, then Macca’s would have an arguable case. But rugby shorts?
Don’t worry Macca’s. You still have the best pickles in the world.
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