McStumble’s Trips Again
Just a few days after loosing a court case in which McDonald’s claim the owners of a restaurant in Kuala Lumpur called “McCurry” were infringing on their trademark (see previous post) McDonald’s became the target of a similar claim from a company called the Lion’s Tap.
The Lion’s Tap have been using the phrase “who’s your patty?” since August of 2005, but just recently Lion’s Tap noticed McDonald’s was using the phrase to advertise its Angus burgers. “McDonald’s acts of infringement have caused Lion’s Tap damages,” the company wrote in the complaint, “and Lion’s Tap seeks judgment for McDonald’s profits made by McDonald’s unauthorized and infringing use of Lion’s Tap’s trademarks, for the damages sustained by Lion’s Tap, and for all costs necessary to remediate the infringing uses and their effects.”
Lion’s Tap intends to open burger franchises in other states, so having an advertising slogan stolen by a franchising giant clearly creates a difficult situation for Lion’s Tap.
It will be interesting to see how this one pans out.
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