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	<title>Comments on: McDonald&#8217;s Hates McCharities</title>
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	<link>http://siouxsielaw.com/2010/01/21/mcdonalds-hates-mccharities/</link>
	<description>Good Lawyers Wear Black</description>
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		<title>By: Siouxsie&#8217;s Peeps &#171; Siouxsie Law</title>
		<link>http://siouxsielaw.com/2010/01/21/mcdonalds-hates-mccharities/#comment-452</link>
		<dc:creator><![CDATA[Siouxsie&#8217;s Peeps &#171; Siouxsie Law]]></dc:creator>
		<pubDate>Wed, 10 Mar 2010 20:59:07 +0000</pubDate>
		<guid isPermaLink="false">http://siouxsielaw.com/?p=3354#comment-452</guid>
		<description><![CDATA[[...] McDonald&#8217;s v. McFest &#8212; McDonalds tries to prevent a 19-year-old girl, who has a Mc surname herself, from trademarking and using the prefix Mc for her charity, which she named &#8220;McFest.&#8221;  Possibly related posts: (automatically generated)Valentine&#8217;s Day — Try a Black Heart-Shaped Box This YearFluevog Shoe P∅rnOooo Scary. Online Activities Can Come Back to Haunt Individuals in Court.Peeps Show [...]]]></description>
		<content:encoded><![CDATA[<p>[...] McDonald&#8217;s v. McFest &#8212; McDonalds tries to prevent a 19-year-old girl, who has a Mc surname herself, from trademarking and using the prefix Mc for her charity, which she named &#8220;McFest.&#8221;  Possibly related posts: (automatically generated)Valentine&rsquo;s Day — Try a Black Heart-Shaped Box This YearFluevog Shoe P∅rnOooo Scary. Online Activities Can Come Back to Haunt Individuals in Court.Peeps Show [...]</p>
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		<title>By: siouxsielaw</title>
		<link>http://siouxsielaw.com/2010/01/21/mcdonalds-hates-mccharities/#comment-246</link>
		<dc:creator><![CDATA[siouxsielaw]]></dc:creator>
		<pubDate>Fri, 29 Jan 2010 02:44:44 +0000</pubDate>
		<guid isPermaLink="false">http://siouxsielaw.com/?p=3354#comment-246</guid>
		<description><![CDATA[McDonald&#039;s failure to clearly and simply articulate their efforts to deal with the situation is part of the problem.  McDonald&#039;s should have filed their opposition and sent McFest a large donation with no strings attached.  Then, they would have been able to explain their position in terms that any not-so-great journalist could understand.  But they didn&#039;t.  

And from what I read, this couldn&#039;t be named &quot;McClusky Fest&quot; because there were two Mcs involved (or so she claims).  But this sounds a little silly.  I agree that it is pretty unlikely that she just likes the ring of the Mc prefix.  Prior to the McDonald&#039;s empire, no one used Mc for anything except as a slur.  

But as far as her wanting a registration, I don&#039;t understand why she wouldn&#039;t want one.  I would think she would want the registration for security.   What if she ever needs to file a trademark infringement suit of her own in the future?   Or wouldn&#039;t she want to block anyone else from registering McFest?   

I agree with your entire legal analysis.  But McDonald&#039;s still sucks for this move.  They could have handled this one totally differently.  

But the real lesson here is that there is a huge anti-McDonald&#039;s bias in the blogosphere to exploit.  Therefore, I am going to register McCharity and McSiouxsie and get some McPublicity for my blog.  

I intend use these marks to advertise my Goth charity and honor my next door neighbors, the MacDonalds.  I hope that McDonald&#039;s will give me a settlement offer, too.  If so, I will use the proceeds from the settlement to help less fortunate and &lt;a href=&quot;http://randazza.wordpress.com/2009/04/13/newspeak-is-retarded/&quot; rel=&quot;nofollow&quot;&gt;retarded&lt;/a&gt; Goths everywhere to be more elegant.  I just need to find a really good IP attorney to take my case.]]></description>
		<content:encoded><![CDATA[<p>McDonald&#8217;s failure to clearly and simply articulate their efforts to deal with the situation is part of the problem.  McDonald&#8217;s should have filed their opposition and sent McFest a large donation with no strings attached.  Then, they would have been able to explain their position in terms that any not-so-great journalist could understand.  But they didn&#8217;t.  </p>
<p>And from what I read, this couldn&#8217;t be named &#8220;McClusky Fest&#8221; because there were two Mcs involved (or so she claims).  But this sounds a little silly.  I agree that it is pretty unlikely that she just likes the ring of the Mc prefix.  Prior to the McDonald&#8217;s empire, no one used Mc for anything except as a slur.  </p>
<p>But as far as her wanting a registration, I don&#8217;t understand why she wouldn&#8217;t want one.  I would think she would want the registration for security.   What if she ever needs to file a trademark infringement suit of her own in the future?   Or wouldn&#8217;t she want to block anyone else from registering McFest?   </p>
<p>I agree with your entire legal analysis.  But McDonald&#8217;s still sucks for this move.  They could have handled this one totally differently.  </p>
<p>But the real lesson here is that there is a huge anti-McDonald&#8217;s bias in the blogosphere to exploit.  Therefore, I am going to register McCharity and McSiouxsie and get some McPublicity for my blog.  </p>
<p>I intend use these marks to advertise my Goth charity and honor my next door neighbors, the MacDonalds.  I hope that McDonald&#8217;s will give me a settlement offer, too.  If so, I will use the proceeds from the settlement to help less fortunate and <a href="http://randazza.wordpress.com/2009/04/13/newspeak-is-retarded/" rel="nofollow">retarded</a> Goths everywhere to be more elegant.  I just need to find a really good IP attorney to take my case.</p>
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		<title>By: marcorandazza</title>
		<link>http://siouxsielaw.com/2010/01/21/mcdonalds-hates-mccharities/#comment-245</link>
		<dc:creator><![CDATA[marcorandazza]]></dc:creator>
		<pubDate>Fri, 29 Jan 2010 00:46:13 +0000</pubDate>
		<guid isPermaLink="false">http://siouxsielaw.com/?p=3354#comment-245</guid>
		<description><![CDATA[I am not sure if the reports are true, but the comments from the McDonalds&#039; people suggest that they did offer her a donation.  It seems that they offered to take the TM, but to license it back to her and to give her some money.  Thats what I make of the comments in the really bad journalism about this story.  

There, quite simply, is no reason for her to need a registration.  Furthermore, her story about naming this just &quot;after herself&quot; is baloney!  Then why not name it the McClusky Fest?  

I hate McDonalds as much as anyone.  I wish that every one of their restaurants would fold up and fall into a pit, just like the house did at the end of Poltergeist.  But, the truth is the truth.]]></description>
		<content:encoded><![CDATA[<p>I am not sure if the reports are true, but the comments from the McDonalds&#8217; people suggest that they did offer her a donation.  It seems that they offered to take the TM, but to license it back to her and to give her some money.  Thats what I make of the comments in the really bad journalism about this story.  </p>
<p>There, quite simply, is no reason for her to need a registration.  Furthermore, her story about naming this just &#8220;after herself&#8221; is baloney!  Then why not name it the McClusky Fest?  </p>
<p>I hate McDonalds as much as anyone.  I wish that every one of their restaurants would fold up and fall into a pit, just like the house did at the end of Poltergeist.  But, the truth is the truth.</p>
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		<title>By: siouxsielaw</title>
		<link>http://siouxsielaw.com/2010/01/21/mcdonalds-hates-mccharities/#comment-244</link>
		<dc:creator><![CDATA[siouxsielaw]]></dc:creator>
		<pubDate>Thu, 28 Jan 2010 14:54:52 +0000</pubDate>
		<guid isPermaLink="false">http://siouxsielaw.com/?p=3354#comment-244</guid>
		<description><![CDATA[Who can resist the McAsshat joke?  Your post, as always, is spot on.  I&#039;m lovin it. Badabababa.  But I can&#039;t sympathize with McDonald&#039;s here.  Even you admit that the likelihood is pretty low that the registration of McFest would cause any problems for them.  And if McD&#039;s wanted to avoid looking like jerks they should have made it clear that they were just going through the motions to protect their marks from any possible &quot;ever-so-slight erosion&quot; and they should have given her charity a large no-strings-attached donation.  Problem solved.  That would have made her look like a whiner.]]></description>
		<content:encoded><![CDATA[<p>Who can resist the McAsshat joke?  Your post, as always, is spot on.  I&#8217;m lovin it. Badabababa.  But I can&#8217;t sympathize with McDonald&#8217;s here.  Even you admit that the likelihood is pretty low that the registration of McFest would cause any problems for them.  And if McD&#8217;s wanted to avoid looking like jerks they should have made it clear that they were just going through the motions to protect their marks from any possible &#8220;ever-so-slight erosion&#8221; and they should have given her charity a large no-strings-attached donation.  Problem solved.  That would have made her look like a whiner.</p>
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		<title>By: marcorandazza</title>
		<link>http://siouxsielaw.com/2010/01/21/mcdonalds-hates-mccharities/#comment-243</link>
		<dc:creator><![CDATA[marcorandazza]]></dc:creator>
		<pubDate>Thu, 28 Jan 2010 06:36:26 +0000</pubDate>
		<guid isPermaLink="false">http://siouxsielaw.com/?p=3354#comment-243</guid>
		<description><![CDATA[Ooh.... Souxsie!  I am &lt;b&gt;so disappointed&lt;/b&gt; in you!  You&#039;re much too skeptical and cynical to buy this sob story hook, line, and sinker, aren&#039;t you?  Here, read &lt;a href=&quot;http://randazza.wordpress.com/2010/01/21/mcdonalds-v-mcfest-boo-freakin-hoo-journalists-should-talk-to-trademark-lawyers-before-writing-whine-pieces/&quot; rel=&quot;nofollow&quot;&gt;my post on it&lt;/a&gt; then re-examine the issue.]]></description>
		<content:encoded><![CDATA[<p>Ooh&#8230;. Souxsie!  I am <b>so disappointed</b> in you!  You&#8217;re much too skeptical and cynical to buy this sob story hook, line, and sinker, aren&#8217;t you?  Here, read <a href="http://randazza.wordpress.com/2010/01/21/mcdonalds-v-mcfest-boo-freakin-hoo-journalists-should-talk-to-trademark-lawyers-before-writing-whine-pieces/" rel="nofollow">my post on it</a> then re-examine the issue.</p>
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		<title>By: bill jackson</title>
		<link>http://siouxsielaw.com/2010/01/21/mcdonalds-hates-mccharities/#comment-207</link>
		<dc:creator><![CDATA[bill jackson]]></dc:creator>
		<pubDate>Sun, 24 Jan 2010 13:42:35 +0000</pubDate>
		<guid isPermaLink="false">http://siouxsielaw.com/?p=3354#comment-207</guid>
		<description><![CDATA[This is simpily a big corpoation trying to use thier muscle (money) to control someone. Hopefully this will go to trial and they (the court system) will inlist me as a juror, then we can go and make them McPay for them McWaisting everyones McTime! McFest is a great name.]]></description>
		<content:encoded><![CDATA[<p>This is simpily a big corpoation trying to use thier muscle (money) to control someone. Hopefully this will go to trial and they (the court system) will inlist me as a juror, then we can go and make them McPay for them McWaisting everyones McTime! McFest is a great name.</p>
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		<title>By: Burger King</title>
		<link>http://siouxsielaw.com/2010/01/21/mcdonalds-hates-mccharities/#comment-203</link>
		<dc:creator><![CDATA[Burger King]]></dc:creator>
		<pubDate>Fri, 22 Jan 2010 16:49:16 +0000</pubDate>
		<guid isPermaLink="false">http://siouxsielaw.com/?p=3354#comment-203</guid>
		<description><![CDATA[I understand that McDonald&#039;s must legally take steps to protect its mark.  However, I agree with you and think that McD&#039;s looks bad here.  McDonald&#039;s could have filed their objection to McFest, then sent Ms. McClusky a check for $10,000 to cover her legal fees and more.  That didn&#039;t happen.  Ronald and his crew could have handled this situation in a better manner.]]></description>
		<content:encoded><![CDATA[<p>I understand that McDonald&#8217;s must legally take steps to protect its mark.  However, I agree with you and think that McD&#8217;s looks bad here.  McDonald&#8217;s could have filed their objection to McFest, then sent Ms. McClusky a check for $10,000 to cover her legal fees and more.  That didn&#8217;t happen.  Ronald and his crew could have handled this situation in a better manner.</p>
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