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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]
| Sure, why not! | |
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| It's silly. |
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9-06-2009 @1:19PM Dori said... This is insane! I know times are tough, but seems everyone is "sue happy", It takes a long time to ever get your "day in court" or your $$$, you probably have already spent! What's the loss, another name was used? Maybe it will bring more business,to both, just to compare. We are only making lawyers richer, stop w/ the pettiness....
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9-06-2009 @1:31PM Debbie said... I agree McDonald's would sue them in a New York second if the shoe were on the other foot. And as far as "you Americans"; don't you wish you were one.
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9-06-2009 @3:15PM danay said... This is so funny!!! i never heard of this place called lion tap! lol! And as for the slogan its kinda silly to use on a a burger!!! WHO'S YOUR PATTY! LOL! YOU MUST BE JOKING!!!
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9-06-2009 @2:07PM BH said... Do you think McDonalds would have an issue with the Lions Trap calling one of their burgers a "Big Mac"? I would certainly think so.
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9-06-2009 @2:43PM frostbyte77 said... If your name is Patty could you sue Loins Tap for a using the name Patty? Sounds like a prostitute slur!LOL
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9-06-2009 @2:43PM seth said... timo you may be right because if the shoe were on the other foot mcdonalds would have registered the slogan with the NATIONAL copyright office. when you register a slogan with a state office it is to keep any Local competitor from using your slogan..it does not apply to an international franchise that is using the same sogan on a national campaign. If this lion tap chain has proof that a mcdonalds executive came and ate at their restaurant with the express intent of stealing their slogan then they would have a case but otherwise they need to get a life.
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9-06-2009 @3:05PM T said... Just an unknown burger chain trying to get money cuz no ones buying their crap.
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9-06-2009 @3:20PM clueless1951 said... MC DONALDS TRYED TO SUE A PUP IN ENGLAND FOR USING THE NAME MC DONALDS AND LOST BECAUSE THE PUP WAS OPEN AND HAD THAT NAME FOR ABOUT A HUNDRED YEARS SO WHY SHOULDNT THE GUY BEABLE TO SUE MC DONALDS AND WIN THE ONLY REASON HE WONT WIN IS THEY ARE SO BIG AND THEY JUST BULLY AND TAKE WHAT THEY WANT BECAUSE THEY PAY LAWERS ALL THE TIME SO IT WONT COST THEM ANYHTING TO DRAG THIS OUT FOR YEARS BY THAT TIME THEY WILL CHANGE SLOGAN TO SOMETHING ELSE
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9-06-2009 @3:34PM sue said... I hope McDonalds loses. I can't stand thier food. It sounds like Lions Tap is like In & Out Burger out here in CA. IN and Out is the only place out here in CA worth getting a burger from.
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9-06-2009 @3:32PM Heather said... Who eats a places for their slogan?? How has Lion's Tap lost money from McDonalds using their slogan? It's sad how people can sue people over words.
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10-09-2009 @3:59PM LMS said... I'm sure they would be happy with McDonald's stopping the use of that phrase...but they aren't. They are putting up new billboards in MN while in the midst of a lawsuit. Pretty sad. This is a case of a big corporation thinking they can walk all over everyone and anyone they want. Good for you Lion's Tap! It's about time someone has the balls to stand up for their rights.
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