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| Photo: LionsTap.com |
McDonald's has been sued by a Minnesota burger joint over the use of the phrase "Who's Your Patty?" Lions Tap of Eden Prairie, Minn., has filed a copyright suit in U.S. District Court over the Golden Arches' use of the phrase in conjunction with their Angus Third Pounder burger advertisements, Nation's Restaurant News reports.
Lions Tap, which has been serving up burgers since 1958, registered the phrase with the state of Minnesota four years ago, according to the court documents.
The restaurant is suing the Oak Brook, Ill., chain on charges of trademark infringement, statutory unfair competition, false designation of origin and unjust enrichment, the magazine reported.
"McDonald's acts of infringement have caused Lions Tap damages, and Lions Tap seeks judgment for McDonald's profits made by McDonald's unauthorized and infringing use of Lions Tap's trademarks, for the damages sustained by Lions Tap, and for all costs necessary to remediate the infringing uses and their effects," the complaint says.
McDonald's hasn't commented on the case.
[Via Nation's Restaurant News]
9-02-2009 @5:54PM josebonko said... LOL It should have said "Who's your Fatty" lol
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9-02-2009 @6:01PM josebonko said... awwww crap someone already beat me to it HAHAHAHAA
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9-02-2009 @6:09PM Richard said... http://www.uspto.gov/web/offices/tac/tmlaw2.pdf
The final word on this subject. Let me know next WEEK what you think!
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9-02-2009 @7:01PM Mark F. said... This brings me memory of hearing stories about McD love to sue anybody. They sued against McDowells, a drive-in chain restaurants in California WAY BEFORE Mickey D came around and then McD sued against McDowells for copyright infragments!!?? Guess what? McDowells lost. Because McD had way powerful lawyers and perhaps bought the judge and forced McDowells be sold to MickeyDs. If I was to buy out McD, I would split up the company. Western States will have McDowells once again with a few McD. The real franchising and Ray Kroc started the chain in Ill. So, it will be a midwest chain. The eastern states and else where will be sold cheap to BK and Carrols to convert McD to BK and Carrols.
My opinion.
White Castle and White Tower were sued each other because of similarities. White Castle was first. White Tower was ripping off looks, name, decor, etc..it was a 15 years battle or so. Finally WT lost to White Castle. Now they are carefully not to look like White Castle.
By the way, Mickey D was NOT the first in Big Mac Double Decker in 1967. It was Bob Wain of Big Boys (notice the name too similar between the two Bigs? And Mac is short for male.. in another word, boy!) Bob Wain invented double decker in 1937 and named after the late Richard Woodruff who was the real Big Boy in that checkered bib pants! Real bib pants!
That is why I HATE Mickey D!! I go to BK, Wendys, and other chains when I am out of town.. when I am in Minn, I will go to Lions Tap! Thanks for bringing up that name!! Its on the do list in Minn along with visiting Arctic Cat and Southdale, world's first mall (not care for Mall of America).
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9-02-2009 @6:27PM hawk37405 said... Frivolous lawsuit. Ban them both.
Good PR though, McDonalds should countersue claiming a loss of traffic due to people now visiting Lions Tap instead of McD's as a result of this frivolity.
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9-02-2009 @6:37PM Dorothy said... Someone needs to let these people know that the Twin Towers were blown to bits, many people killed, a girl who was abducted 18 years ago as a child was just found, Michael Vick was brutally killing dogs... and we care about "Who's your patty?"
We need to pick our battles a little better I think...
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9-02-2009 @6:36PM hawk37405 said... Ultimately, we are going to have a government judicial division that strictly polices the courts and the lawsuits during pretrial. Slap any frivolous lawsuit plaintiffs and their counsel with stiff penalties and throw them out. This will turn our legal system around, stop price increases, improve our legal system as a whole and get this country back to what it used to be, Land of the Free. "Power, Corruption & Lies" a direct result of this... our legal system. It will take some tinkering with the constitution though. But isn't it about time?
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9-02-2009 @6:41PM J said... If this relatively unknown brand, Lions Tap is as good as all the Minnesotans on here claim, how much real damage could McDonald's really inflict by using their trademarked slogan? I am sure the consumers were so confused they thought McDonald's were Lions Taps... Yaw, you betcha!
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9-02-2009 @6:42PM youaduckhead said... it's stupid, how is it their fault if they used a slogan from a small time food chain hardly anyone has ever heard of? it's not like mcdonald's is going to keep that slogan anyway, they use a new one every month. BFD.
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9-02-2009 @6:44PM debbie said... McDonald's has sued many "small fries", including people who are named McDonald, to try to keep them from using their own name on their own product unrelated to the McDonald's franchise. I think it is only fitting that they be getting some of their own back. Go, Lions.
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9-02-2009 @6:47PM Lacey said... LOL how stupid. How was Macdonalds suppose 2 know that a small burger joint in Minn. was using that saying? Maybe if it was like Arbys or Wendy's, the lawsuit would have been a good one... but a small burger joint that a lot of people outside of Minn. hasn't heard of... is just dumb.
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9-02-2009 @7:06PM ADAM ROBERT ROACH said... LION'S ASS - or whatever the place is called - should just cool their jets. Mc Donald's is known for dropping an ad campaign quickly when it no longer "sells" - i.e. when the fad has passed. Suing Mc Donald's just shows this burger joint in a bad light. Calm down,guys - "Who's Your Patty" is a pretty stupid slogan - which is something else Mc Donald's is infamous for - stupid slogans!
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9-02-2009 @7:20PM carol said... Sounds like the Coffee suit a few years ago, Some Lady sued McDonalds over Coffee spilt on her, She won lots of Money, This one probabley will too, It is rediclous. All they needed to Do is contact McDonalds and ask them to stop using their message, Who is Lion Tap,S Restaurant never heard of them, McDonalds probabley hasn,t either, Probabley Didn,t even know they were using their message,
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9-02-2009 @7:18PM Louise said... I thought the suit was because "Who's Your Patty?" sounds just like "Who's Your Daddy?" and that phrase sounds like it's part of a rap song. signed, Surprised in Florida
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9-02-2009 @7:18PM LT said... All fast food joints ought to share a phrase, maybe something like "waste you waist here" or maybe maybe come on in for an artery clogging good time!
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9-02-2009 @7:37PM Rich said... After reading many of your comments, I no longer wonder why this country is sitting on the edge of the toilet waiting for the next bunch you elect to kick you in and FLUSH! As large as McDonalds is, they would try to put this man out of business if this were reversed. The only ones that do not see that McDonalds had no right to do this are Attorneys and idiots. Wait! Are they the same. I don't know for sure.
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9-02-2009 @7:51PM LasVegasX said... Regardless of whether a slogan is copyrighted locally, regionally, or even nationally, if a company places a copyright on something, then they have the right to sue. Besides, Mc Donalds can be cut down a notch, they are a huge corporation, it's not gonna kill them to pay up when they obviously screwed up.
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9-02-2009 @7:39PM R said... McDonald's ad agency didn't do what they're paid to-do. The slogan's registered in a state where McDonalds advertises, and now they're McScrewed. Funny how some see McDonalds as the victim.
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9-02-2009 @7:53PM Jules said... wow, that's just stupid! it's only a slogan... people already get fat from eating the food... whose insulted? what's the point? does it really matter?
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9-02-2009 @8:01PM guessitsnotu said... I tried one of those Micky D's "Angus" burgers and unless the cow they killed was named angus there was nothing angus beef about it, this will go down in flames like their cold coffee that they even can't give away.
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