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Author Topic: CAN I SERIOUSLY USE THE TRADEMARK MCDONALDS IN BUSINESS IF I'M NOT SELLING FOOD  (Read 1318 times)

mojobadshah

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What are the chances I'd get away with calling my business McDonalds if I was selling something other than food?
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JSonnabend

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While using the word "McDonalds", for, say, ditch digging services would not likely infringe McDonald's (the restaurant) trademarks, it would likely be deemed a dilution, subjecting you to liability.

- Jeff
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SonnabendLaw
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Spielman

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There are rare instances where Mcdonalds can't really (or chooses not to) go after small businesses unrelated to the food industry. For example in Florida there is a hardware store  called McDonald Hardware which has been around for a long time. So its possible, but the ultimate question is why expose yourself to the risk and potential fight. Be creative and pick an arbitrary new name.
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Darren Spielman
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klaviernista

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What are the chances I'd get away with calling my business McDonalds if I was selling something other than food?

Well, considering that it is questionable whether McDonald's itself sells food, I'd say your chances are not too good. 
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Aceprint

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There are rare instances where Mcdonalds can't really (or chooses not to) go after small businesses unrelated to the food industry. For example in Florida there is a hardware store  called McDonald Hardware which has been around for a long time. So its possible, but the ultimate question is why expose yourself to the risk and potential fight. Be creative and pick an arbitrary new name.

I definitely agree with you Spielman, you should be creative. McDonald's is a big company and I think if you want to adopt the name itself you should request a permission from them. It is better if you make your own name that people feel unique about it.
« Last Edit: 06-16-10 at 07:45 pm by Aceprint »
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