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McDonald's might be the home of a smiling clown and friendly "I'm lovin' it" ads, but when it comes to defending their trademarks, they're notoriously ruthless.
Erin Wade and Allison Arevalo, friends and small business owners in Oakland, CA, recently discovered it's unwise to tread on anything the burger giant considers a trademark. The duo planned to name their restaurant -- a neighborhood joint featuring macaroni and cheese made from artisanal cheeses and local ingredients -- Little Mac. But last week, corporate counsel for the Golden Arches nixed the name, claiming that the word "mac" is the intellectual property of McDonalds.
Wade says they were stunned: "We were like, wait a minute, we're a mac and cheese shop and we can't use the word 'mac' at all?"
When the pair chose the name six months ago, they knew enough about the law to consult with a small business lawyer (Wade was an attorney before she decided to launch a restaurant). "We were worried about every use of 'mac'," she says. "We wanted to know if it would be an issue with Apple computer and M.A.C cosmetics too, not just McDonald's." The lawyer told them not to worry, since the term is such commonly used shorthand for macaroni and cheese.
Flash forward six months. As their opening approached, the duo couldn't shake the worry that McDonald's might perceive the name Little Mac as a riff on the Big Mac burger. To settle the issue once and for all, Wade called up McDonald's corporate counsel. "They told her that if we open a restaurant with 'mc' or 'mac' in the name, they will sue us," says Arevalo, "even if it clearly relates to mac and cheese."
And while they'd love to fight back, Arevalo and Wade say they can't afford to defend a suit from the corporate giant, even if they think it's without merit. "Defending it legally would put us under," says Wade. "A lot of people are telling us we should spell it in crazy way, but if we try it and they sue us anyway, we're still screwed."
So Little Mac is no more, but the pair are not deterred. They've launched a contest to come up with a new, mac-free name. They're offering a lifetime of mac and cheese to the winning entrant at Arevalo's blog, Local Lemons. They debuted their nameless mac and cheese a few days ago at an underground farmers' market in San Francisco, and opened the name up to the community. So far, the suggestions have included Macalicious, Corkscrew You, and Elbow Room.
The irony? "Something like 70 percent of the suggestions we get still include the word 'mac'," says Wade. Because whether McDonald's likes it or not, when you're talking about macaroni and cheese, it's a hard term to avoid.
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6-09-2010 @10:49PM Gene J. said... I don't usually waste time with blogs since everyone loves the "anonymity" angle, but Holly's ap-proach has one big flaw. Ray Kroc wasn't the founder of McDonalds. His name isn't even the name of the company. 2 brothers named McDonald opened their first restaurant I believe in the 50's and Ray Kroc was a salesman for a milk shake blender company. When he saw what they were doing he bought them out, and they had only 1 or 2 restauants. If you watch the documentary on CNBC, you'll see this. I was always told he ripped them off when in fact he was just a better and shrewder business man. No one said business is fair, and I agree this whole thing with the name is ridicu-lous, and just comes down to greed.
This is the exact same thing a young girl went through last year who was raising money through a charity event, and she had the same problem with "Mickey D's" and had to back off. They're greedy, arrogant and don't care. I've always felt the word "corporation" was synonymous with "greed" and "insensitivity".
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6-10-2010 @12:42AM undrgrndgirl said... yeah, that even was called mcfair, as the young women who put it together all had 'mc' last names...
6-16-2010 @9:11PM Nutritionspecs said... McDonald's is big talk. They are stuck in 1972 Louisville Kentucky. Way behind the times. Nothing new, nothing equal to the new improved restaurant menus across the country and definitely all by themselves in the "nothing healthy in sight" category. There are lots of other fast food places people. You have been brain washed if you keep going to McDonald's. Also, pay attention. Your breakfast sandwiches that only went up in price last year twelve to fourteen cents also went down in size by 3 ounces so the price of your sandwich actually increased 21%. You're getting ripped off. Go somewhere else.
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6-09-2010 @11:02PM Hotdog said... Oh come on now. How silly. I make a MAC & Cheese that rocks the state and Micky D's thinks that I can't use the term Mac. Come pry the soup spoon for my cold withered hands.
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6-09-2010 @11:04PM Terry said... They can go MacF**k themselves.
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6-10-2010 @12:39AM undrgrndgirl said... lol!
6-10-2010 @5:39AM Nicole said... How about a micky mouse theme and the name "Micky Cheese"? Micky D's couldn't do a damn thing! They can't copyright Micky! Or do a Bernie Mac theme and have the title "Bernie ___ and Cheese"! Can McD's copyright a blank space? I think not. Or if they really wanted to piss off Mc'ds, how about "Better 'n Burgers" or "Unfried"
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6-11-2010 @12:07AM MrFlipper said... I'll never eat at ***Donalds again. You shouldn't either.
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6-09-2010 @11:14PM dennis headrick said... I am amazed that people will eat the junk food that McDonalds serves or any fast food from any corporation. Americans are far too heavy and have too many health issues due to eating junk food.
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6-09-2010 @11:17PM magus47 said... WHAT UNCREDABLE LEGAL ASS STARTED TO ALLOW COMPANIES TO COPYWRITE WORDS. WHAT IDIOT CAME UP WITH THE IDEA THAT WORDS A INTELLECTUAL PROPERTY????? MAYBE A BOOK CAN BE INTELLECTUAL PROPERTY OR EVEN A SENTENCE. BUT SLAMING TWO OR THREE WORDS TOGETHER IS NO GIANT INTELLECTUAL FEAT. STAR AND WARS DOES NOT MAKE A NEW WORD NOR DOES BIG AND MAC. HOW WOULD THEY LIKE IT IF I COPYWRITED FRENCH AND FRIES? OR CUP-A. GOD THESE LAWYERS ARE GOING TO BE THE DEATH OF THIS COUNTRY. AND THE AHOLES THAT ARE THE SUPREAME DORKS SUPPORT THIS NONSENSE. WHAT DO THEY DO? REMOVE YA COMMEN SENSE WHEN YA GO TO LAW SCHOOL????
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6-09-2010 @11:25PM Me said... Hey folks, BUSINESS IS BUSINESS and you all know that you will be at the McDonald's drive-thru again tomorrow so, really, GET OVER YOURSELVES!
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6-09-2010 @11:24PM Franc said... Isn't there a big name law firm out there that would take on McDonald's pro bono for this little mac and cheese shop? I think it would be worth it, to knock them down a peg or two. I don't see how they think they own the Mac name, it is ludicrous. I do not eat at McDonald's, hate the special sauce. People should all forgo eating at this establishment.
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6-09-2010 @11:32PM Parissa said... Pure and simply, Mc Donalds should NOT be allowed to get away with this! Period! It would be extremely helpful if some attorney would step forward and help these people ~ free of charge! Corporate giants should not be allowed to intimidate and, basically, threaten, other businesses. I could understand the controversy if this couple were serving hamburgers ... but they are serving a dish that has been around a LOT longer than McDonalds! What does McDonald's do about those with the last name of McDonald? Threaten to sue them, too?
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6-09-2010 @11:52PM Mike said... Heres one... Mackie Cheeses!! lol piss off 2 corporations at once!!
Yay!
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6-09-2010 @11:54PM food man said... Do they think that they are the boss of the universe, and that they control all of the words or phrases in this country?
To hell with McDonalds. ARROGANT B------S.
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6-10-2010 @11:40AM Jimmy said... This is ridiculous! What does McDonald's have to gain from this frivoulous lawsuit. It will cost them money and the poor people who are trying to name macaroni and cheese. I'm not a McDonald but my last name is McC (It meant son of). If I started a business? I couldn't name it after me? Insane.
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6-10-2010 @2:15AM ZapJ said... Mickey D's (an term they supposedly hated and then started using) knows that the mere threat of a lawsuit will silence small businesses. Even though it is very possible the small business might win, they cannot afford the time, effort or money required to fight. Here is a prime case for the ACLU or one of those law school activist student groups to jump in an work pro bono to defeat this stupidity. Sure it will take years and Little Mac will have to decide if they want to use a interim name or be brave and use their name of choice, but the final outcome is important.
I will be writing McDonalds and letting them know I'm boycotting their stores because of this. I'm only one voice, but it's a start.
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6-10-2010 @12:17AM stacy said... When people understand that Mc D's only exists because they support it and the money they use to persue these ridiculous lawsuits is coming from them, only then will it all end. There is power in numbers people just BOYCOTT !!! As with all Evil that stems from money, it wouldn't exist without your help .......so stop complaining and do something about it. They are the smart ones taking advantage of your ignorance. Show you are smarter !!! Make it known !!! Remember the little girl awhile back tthat had a little charity fund she named something Mac and they actually went after her ? Revolt !!!
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6-10-2010 @12:07AM Suzanne said... How about "Roni and Cheese" or "M'Roni and Cheese" or "Cheese & Maca"!
(Hey if you use one I want a finders fee!)
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6-10-2010 @12:10AM Brent said... I wish there was some lawyer that would take this on pro-bono and fight MacDonalds on this. This is bull****.
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