Can McDonalds stop me?

[smashfactory]

can i buy things like mcDog.com or mcCar.com
can mcdonalds take the domain since they started the "mc"thing?

 

[000]

Sorry I misunderstood your post. Read my response towards the bottom of the page.

 

[smashfactory]

yeah- but there would be no mcThing if it wasnt for them, you know? cant they say that my using say, mcHome.com would be confusing to the public who might think it was a mcdonalds site? i thought if they thought it might cause public confusion, the company would win-

 

[AzN]

Because MC can also stand for Emcee or Microphone Controller :D
MC ______

 

[smashfactory]

true- but the site i want to build would sound like mcdonalds- it would be like mcDog, not emcee dog

 

[labrocca]

Legal or not McDonalds actively protects it's mark the same as Toys R Us. Anyone using "R Us" or McKeyword names can expect some letters.

 

[ukguy]

and remember mcdonald is a scottish surname!

 

[smashfactory]

thats what i thought ;-( i dont want any letters- it just would have made a cool site
that mcSucks

 

[abcde]

I dont think they can do anything.

 

[Isaac1]

Mc isn't used just by McDonalds. People have Mc in their last name. As long as you don't have a big gold M and a goofy looking clown with red hair, you'll be fine.

 

[smashfactory]

well, i am gonna hold the name- develop it, and see what happens. it has no reference to food, or anything like that. if i get a mcletter, i will let ya'll know.

 

[IAmAllanShore]

well, i am gonna hold the name- develop it, and see what happens. it has no reference to food, or anything like that. if i get a mcletter, i will let ya'll know.

Other than getting mostly horrible advice in thread (save labrocca), the fact that you think that "mcletter" has to do with McDonald's is pretty much proof enough that you shouldn't... (Yet again, "pretty much")

-Allan

(And just as an aside: you have to love this: http://www.wipo.int/cgi-bin/domains/search/CaseCatReport?lang=en&case_id=9702 )

 

[smashfactory]

i agree- but.....
and i guess i need to find this out on a legal level- IF it is true, and they cant actually "do" anything, then based on what you just said, could be very good for me. know what i mean?
dont get me wrong- i am not trying to make off on ronalds name- the domain i saw actually popped up while i was searching another keyword- and i just fell in love with the name- i saw a great site behind it-
and if legally they really cant say squat- then i am ok- and if they can stop me, then i am out the 9 bucks to register it.

 

[IAmAllanShore]

No, smash, you aren't out $9 - you're out statutory damages of up to $100,000 , you're out your own time and legal fees , and more... Check other threads talking about risk.
-Allan

 

[smashfactory]

i didnt know there was a risk if i did not develop the site- there is a risk to just own the thing?

 

[Mike]

as long as you keep away from food related articles/sites/forums/wares and distance yourself as far as possible from any corporate identity and corporate design that could even vaguely be mistaken with the mcD corporation, you should be ok. also, any name that you chose for a Domain (mc-i-should-stay-away-from-this.com) should not be food related or in other way be able to be tied to MCD. if they get any idea of you riding their wave that costs them multi millions of dollars in annual advertising, you can expect an immediate C&D letter. Now, taking all this in consideration, i would think about a different DN name. the time spent to think about another name is going to be less time spent than the time it would take you to clear your headache that the MCD attorneys will cause you. -->> :imho:

 

[smashfactory]

ok- whew- i did search on "risk" in here and read some stuff- alot over my head here-
the name is generic- with the mc in front of it- i bought it now-
it would be like mcautomobile or mcshirt- has nothing to do with food at all- in fact i want it to be more of a portal/social site- lord knows there are a ton of portals, but i really like this name.
i wonder if i had a narrator on the site- a mascot- like Jimmy Mc(mydomain).
then the site would be named after him

 

[labrocca]

I will restate my point..legal or not...it won't stop McDonalds from coming after you to protect their TM. You gotta ask what it will cost you to hire an attourney to defend yourself. There are other names to get with a whole lot less risk. Why bother putting effort into something that will get snatched the second it's popular? I don't see the reasoning here.

Can you name me ONE business that's active and starts with Mc other than McDonalds? They do care.

Here is a PDF I dug up.
http://www.law.du.edu/mireles/cases/Quality_Inns_McDonald.pdf

Mc Sleep (Quality Inns International)

In 1988 Quality Inns was planning to open a new chain of economy hotels under the name McSleep. McDonald's objected and prevailed in court. The court's opinion noted that the prefix Mc added to a generic word has been turned in the eyes of the public to mean Mc Donalds, and that therefore a name Mc Sleep would infringe on Mc Donald's name.

Honestly..don't mess with the McJerks.

 

[smashfactory]

wow!- that was good reading- thank you

 

[Peter]

as labrocca has pointed out McDonalds are highly protective over their trademark even just the mc bit. Even if they have no legal right over the domain name it does not mean they will leave you alone. Have you got the money to fight them? probably not and mcdonalds know that.

and remember mcdonald is a scottish surname!

Yes it is mc and mac doth are gaelic (if I remember correctly) and mean son of. So my name means son of donald. But regardless of wether it is a name or not does not automatically give someone the right to use it in business practices even if it is their own name.

 

[whitebark]

If your last name was McDog - then maybe - but that you want to have it deal with food products is just asking for trouble. Why not save yourself the larger headache and just go throw a brick through a McDonalds outlet window. Either way you will be getting unwanted attention.

 

[Ronald Regging]

Can you name me ONE business that's active and starts with Mc other than McDonalds? They do care.

A bit old school, but MC Hammer! Though I heard his career tanked after he got his ass kicked on stage by Ronald McDonald...

What about McAfee?

Actually just doing a search for MC, brings back a lot of MCkeyword sites. mcsports.com, mcgamers.com, mcstrategies.com, mcnews.com.au...

I agree that if MCD wanted to, they could make your life hell even if they have no legal right to do so, but at the same time, if the site is completely unrelated to food and it bares no ounce of anything to do with MCDs, I don't think they'd really care.

We shouldn't be persuaded from doing things out of fear of some corporation overstepping their legal rights. Thats how they continue to get away with doing exactly that. I guess it's easier to have balls when you have nothing to lose though, which is my case.

(And just as an aside: you have to love this: http://www.wipo.int/cgi-bin/domains/search/CaseCatReport?lang=en&case_id=9702 )

Everyone knows Bguo means McDonald in Chinese... It's the guy's last name, he's sure to win

 

[labrocca]

McAfee - Nice one... Tough to compare though since Afee isn't a keyword.

McKeyword is really the problem...nice you found a few out there though.

 

[Ronald Regging]

I think it depends on what the context is completely. MC doesn't have to just be a prefix to a keyword... it could be an acronym as well.. Like in the example of MCnews.com.au.. MC seems to stand for Motorcycle. So I think if you could work in an MC acronym with the keyword domain name, it might help to substantiate the legitimacy of its usage. Just make it stand for Multi-colored, that can cover anything It's always smart to work out a gameplan for usage before going into any venture...

 

[000]

Ok I think I misunderstood the original post. I would strongly suggest that you have a meaning for "mc" if it's in your domain. Do not just stick "mc" in there for no reason! Remember, it's better to be safe than sorry.

Legal or not McDonalds actively protects it's mark the same as Toys R Us. Anyone using "R Us" or McKeyword names can expect some letters.

And about the Toys R Us thing...either they don't care, or can't do anything about people using "R Us". Need examples?

http://www.transmittersrus.com/
http://baldrus.com/
http://www.fsru.com/
http://www.bannerzrusgraphics.com/
http://www.danesrus.com/
http://www.kidzrus.net/
http://www.helmetsrus.com/
http://scrapbookingsuppliesrus.com/
http://geeksrus.com/
http://www.tweaksrus.com/
http://www.texrus.com/
http://www.bricksrus.com/
http://www.driedflowersrus.com/
http://www.disabilities-r-us.com/
http://www.crus.com/
http://www.huntingtripsrus.com/
http://www.jeepsrus.org/
...and the list goes on and on.

Just to dispell any misconceptions on the subject.