Beverly A. Berneman
McDonalds Corporation won a victory before the Trademark Trial and Appeal Board (TTAB) against a food company named McSweet LLC. McSweet wanted to register its name for pickled vegetables. McSweet argued that the mark was a play on the company founder’s name, Leo McIntyre. The TTAB rejected the argument. It held the public is likely to associate “McSweet” with McDonald’s family of “Mc” marks. The TTAB also rejected McSweet’s argument that no one would be confused between fast food and pickles.
TAKE AWAY: Trademark law protects the consuming public from a likelihood of confusion about the source of products and services they buy, use or consume. This case is a good example of a likelihood of confusion. If you saw “McSweet” on a grocery shelf, you’d probably think that McDonald’s is selling the warm pickles they put on their burgers. This case also points out that a trademark protects not only the specific goods and services associated with the mark, but any overlapping goods or services. Food is food.
Beverly A. Berneman
Intellectual Property. Patents, copyrights, trademarks, trade secrets, domain name, right of publicity! I know what you’re thinking. What do these things have to do with my business? This blog is going to answer that question. In short bites, I want to let you know what’s going on in the legal world around Intellectual Property. For an Intellectual Property geek like myself, that can be enough. But, I’m going to take it one step further. I’m going to give you a TAKE AWAY that shows how this news helps your protect your business and make it more productive. My posts will be relevant to your business whether your revenues are $500,000 a year or $5 million a year.
But first, a little about myself. I’m attorney who practices primarily in the area of Intellectual Property. I hold a legal masters in Intellectual Property and also teach at John Mashall Law School in Chicago. Over the years, I have found that an informed client is the best client. A well informed client can make better decisions about their business in the short term and long term. In order to promote that, I started a column in my firm’s quarterly newsletter that has now evolved into this blog. I look forward to sharing information with you.
Interested? Read on. I've posted a few starter items for you.