If your real name is McDonalds, can you open a restaurant called McDonalds?

Hamburgerpimp

Diamond Member
Aug 15, 2000
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I had this discussion with someone the other day. They seemed to know a lot about copyrighted material. They said you can use your real name in a business you open. So, if your name is McDonalds, can you open up a hamburger restaurant called McDonalds? And what can McDonalds do?


Here's some info

McDonalds.net

McDonalds.org


McDonalds Corp. owns McDonalds.org, but not McDonalds.net
 

Chaotic42

Lifer
Jun 15, 2001
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No, I don't think so. There was a case where Welch's (the grape people) sued over a store named Welch's. I don't know for sure what happened to it, but I heard that the grape people won. I *do* know that a guy tried to use the name Kevlar for an FTP client, and DuPont said he couldn't, even though and FTP client has nothing to do with Kevlar the fiber.

It's stupid.
 

neovan

Diamond Member
Mar 8, 2001
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I guess you can. But then you can't have the golden arches, the big mac, etc.

reminds me of coming to america
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
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well that would be a trademark... i do know that in england virgin would send cease and decist letters to people using the name "virgin," and they send one to a plumber whose name is virgin... the plumber told the to fsck off and they did.
 

AvesPKS

Diamond Member
Apr 21, 2000
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Originally posted by: neovan
I guess you can. But then you can't have the golden arches, the big mac, etc.

reminds me of coming to america

Hehe. "They have the golden arches, we have the golden arcs. They have the Big Mac, we have the Big Mic."
 

Hamburgerpimp

Diamond Member
Aug 15, 2000
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No, I don't think so. There was a case where Welch's (the grape people) sued over a store named Welch's

That may be true, but did the people involved have the actual name Welch or Welchs as their birth name?
 

flavio

Diamond Member
Oct 9, 1999
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Originally posted by: ElFenix
well that would be a trademark... i do know that in england virgin would send cease and decist letters to people using the name "virgin," and they send one to a plumber whose name is virgin... the plumber told the to fsck off and they did.

Hahahahahah.......so virgin fvcked off then huh?

 

Chaotic42

Lifer
Jun 15, 2001
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Originally posted by: Hamburgerpimp
No, I don't think so. There was a case where Welch's (the grape people) sued over a store named Welch's

That may be true, but did the people involved have the actual name Welch or Welchs as their birth name?

Yes. IIRC, the problem was that the store was just called Welch's, not Welch's Fine Pottery or Welch's Imported Lima Beans.
 

Hamburgerpimp

Diamond Member
Aug 15, 2000
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Yes. IIRC, the problem was that the store was just called Welch's, not Welch's Fine Pottery or Welch's Imported Lima Beans.

Still, nobody has answered the original question. Can you use your own birth name in the naming of your business?
 
Oct 16, 1999
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IIRC if your name was Welch, you could have Welch's Grocery, Welch's Tire Service, Welch's whatever, but you can't use just Welch's since it is already trademarked. Same would go for McDonald's, you could have McDonald's Grill, McDonald's Seafood, just not just McDonald's.
 

AvesPKS

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Apr 21, 2000
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Originally posted by: Gonad the Barbarian
IIRC if your name was Welch, you could have Welch's Grocery, Welch's Tire Service, Welch's whatever, but you can't use just Welch's since it is already trademarked. Same would go for McDonald's, you could have McDonald's Grill, McDonald's Seafood, just not just McDonald's.

The way I understood it (and I could be wrong) is that you could trademark the way you present McDonalds, or in other words, the sign you display that says McDonalds, but not the word itself. There is a similar problem here in Chicago. A food establishment, called Maxwell Street, is being ripped off by others naming their stores Maxwell Street. Because you can't trademark/copyright the name of a street, the originators can't do anything about the others stealing the name, only the fact that they are presenting the name in a similar manner (in other words, their signs look the same).
 

Chaotic42

Lifer
Jun 15, 2001
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Originally posted by: Gonad the Barbarian
IIRC if your name was Welch, you could have Welch's Grocery, Welch's Tire Service, Welch's whatever, but you can't use just Welch's since it is already trademarked. Same would go for McDonald's, you could have McDonald's Grill, McDonald's Seafood, just not just McDonald's.

That's my understanding. The only reason that I remember that case is because Welch is my last name.
 

tcsenter

Lifer
Sep 7, 2001
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Famous Amos lost the right to his own nickname because his cookie company was taken over after falling into financial trouble. The new owners kicked Amos out of the operation, and he tried to start another company selling cookies under his "Famous Amos" brand, which he had come to be known as when he was selling cookies as a street vendor in New York. The new owners of the Famous Amos trademark sued and won, Amos cannot use his nickname to sell cookies. He might be able to use "Famous Amos" to sell rebuilt engines, or something different, but not to sell cookies.
No, I don't think so. There was a case where Welch's (the grape people) sued over a store named Welch's. I don't know for sure what happened to it, but I heard that the grape people won. I *do* know that a guy tried to use the name Kevlar for an FTP client, and DuPont said he couldn't, even though and FTP client has nothing to do with Kevlar the fiber.
Kevlar is a proprietary term, an exclusive registered trademark. The word did not exist before DuPont created it. Therefore, nobody is entitled to use that word commercially without DuPont's permission, even if associated with something totally different.

This is different from say, "Bullet Proof", or "Infinite Technologies", which can not be exclusively trademarked.

A person whose name is McDonald could not open a restaurant under his names sake, unless the name substantially differs from McDonald's the fast-food chain, such as "McDonald's Bar and Grill", so as to not easily promote or result in confusion between the two. He would also have to be careful that his establishment avoid baring any similarity or likeness to any of McDonald's intellectual properties. Opening a fast food burger joint would be pushing it.
 

xSauronx

Lifer
Jul 14, 2000
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Originally posted by: Chris A
And what can McDonalds do

Take you to court until you give in or give up... Honestly you would be so broke by the time it was over.

exactly, whether legally you could use it or not, it wouldnt even take an effort for them to outlast you in court

unfortunately, even if it was someones real name, it wouldnt be worth the trouble

but hey, thats what you pay for living in a free country...your rights :)
 

The Dancing Peacock

Diamond Member
Dec 22, 1999
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I was going to say look at nissan.com which was a computer companies website that chronicled his legal battle against the car company. The man's name is Nissan. I just went there and it looks like the court ruled against him. http://www.nissan.com

Granted it's the use of the website, not the business name so much, but its similar.
 

Nemesis77

Diamond Member
Jun 21, 2001
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read

To my knowledge, the head of Clan McDonald operates a gourmet-restaurant called "McDonalds" in his castle ;)
 

tcsenter

Lifer
Sep 7, 2001
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I was going to say look at nissan.com which was a computer companies website that chronicled his legal battle against the car company. The man's name is Nissan. I just went there and it looks like the court ruled against him. http://www.nissan.com

Granted it's the use of the website, not the business name so much, but its similar.
This asshat got caught thumbing his nose at Nissan Motors by putting a "Nissan Computer Corporation" graphic on his website that was deliberately similar to Nissan's logo. This was presented as evidence against him in court and his bravado came back to bite him.

The last I knew, he can still use the website, the Nissan.com domain, and the name of his company, but he must include a conspicuous disclaimer on the gateway to his website stating that the website and company have no affiliation with Nissan Motors.
 

jer22

Senior member
Oct 5, 2000
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you can open a business under any name ya want, just be prepared for the litigation. mickey d's has some serious backing. if ya can beat the litigators, ya might have a chance. i think not. just my opinion. jer