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The McDonald's Mc-Battle

August 7th 2006 09:27
Photograph by click
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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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Comments
4 Comments. [ Add A Comment ]

Comment by jon

August 7th 2006 10:14
Thank goodness that sanity does sometime prevail in the courts. I bet Maccas hires a heap of lawyers to "protect our legal rights!" who try to rack up billable hours by hunting down every Mc they can find.

Comment by Legally Brunette

August 7th 2006 12:22
No doubt they do! If you read any of the newspaper articles on this one, you'll see they all refer to this as a "david and goliath battle". McD has won its fair share of legal battles, but I guess this time, the little people came through. Plus, suing a lawyer probably ain't the greatest idea...

Comment by charles

August 10th 2006 14:10
McBratney will soon be changing the label on his shorts to "McBiteMe"!


Charles.

Comment by Legally Brunette

August 11th 2006 06:18
hehe, very nice!

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