Teen's charity name draws the McIre of McDonald's
Filed under: Charity, In the News
You couldn't blame Lauren McClusky of Chicago if she were a bit squeamish about using her last name in this story without fear of reprisal from Ronald McDonald and his legal posse.For McClusky, 19, finds herself at the center of a thorny dispute that involves a series of charity concerts she's put on over the past three years. She dubbed the event "McFest" (more on that in a moment) -- but McDonald's sees that as an infringement on its trademarks, something the McDonaldland lawyers refer to as "the McFamily of brands."
These include (deep breath): McPen, McBurger, McBuddy, McWatch, McDouble, McJobs, McShirt, McPool, McProduct, McShades, McFree, McRuler, McLight -- and even the prefix "Mc" itself.
"But not McFest," pointed out McClusky, who declined to change her last name for this story. "The whole reason I called it McFest in the first place is my name."
Her original co-chair for the first McFest also shared the "Mc" prefix in her surname, so it seemed a natural. And indeed, not a single McDonald's attorney seemed to object in 2007 and 2008, when McClusky's McFests raised $30,000 for the Chicago chapter of Special Olympics.
But when McClusky applied to have the McFest name protected, McDonald's filed an opposition. So instead of donating funds from her 2009 concert to Special Olympics, McClusky's had to hire lawyers to answer a series of administrative proceedings McDonald's filed with the U.S. Patent and Trademark Office. To date, it's cost her roughly $5,000 -- money she wishes had gone to Special Olympics kids instead of attorneys.
The daughter of independent radio promoter Jeff McClusky, Lauren McClusky could of course just change the event name. But that would involve starting from square one in terms of the awareness and name recognition she's already created for her concert series. "It's hard to change the name of something that's already established and locally known," she said.
As for McDonald's actions, McClusky says she's frustrated by the company's desire to clamp down on and in effect penalize a charity event -- especially when McDonald's supports Special Olympics as well. "It has nothing to do with food, arches or their colors," she said. "And our M's are pointy, not curved."
McClusky hopes for a truce that will allow her to keep the McFest name. Still, she's unwilling to make a corporate sponsorship tradeoff along the lines of "McDonald's Presents McFest." For their part, McDonald's representatives maintained that they have no desire to squash McClusky's charitable efforts, and desire an "amicable resolution."
"However, the law requires us to guard against third parties that infringe our trademarks and to take the necessary action to stop those infringements," said McDonald's spokeperson Ashlee Yingling. "We believe the mark at issue, 'McFest,' is similar enough to our brand name and McDonald's famous family of 'Mc' trademarks that it's likely to cause confusion under trademark standards and/or dilute our valuable trademark rights." The company declined further comment, citing the pending litigation -- or, if you prefer, further McLegal action.
McClusky said that at first, she was "kind of honored" that McDonald's would even care enough to respond to her McFest trademark applications. "But when we realized how serious it was, then it just got ridiculous and offensive. They just wouldn't listen."
MoreOli Scarff, Getty Images
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Reader Comments (Page 1 of 142)
1-17-2010 @ 4:27PM
Richie Rrich said...
I think the McDonald's people are being complete narrow minded McIdiots. The event is for charity for pete's sake!! I don't think even foolish people would,even for a moment,think the event has anything to do with the McDonald's Corporation. If Ms. McClusky had not applied to have the McFest name protected there may never have been an issue,other than dishonest persons trying to profit by using the name of a charitable event with growing popularity. People in Chicago should join forces in a city-wide Boycott of McDonald's until they allow the use of the "McFest" name. For that matter how about a country-wide Boycott? The Internet is a VERY powerful tool. What's next McNazis? Are you going to want all the Irish & Scottish people across the country to drop the "Mc" from their surname??? There, now that I have got that out I feel a little better. Now I am hungry. I think I will go out and get myself a nice BIG juicy tripple Whopper. RR
Reply
1-19-2010 @ 2:47PM
Tom Reynolds said...
I agree 100% and will not set foot in any McDoalds till I hear threy have backed off on Mc Fest
1-19-2010 @ 2:56PM
gandalfetal said...
Why just Chicago Area boycott. There are enough alternative burger places. Send a letter to McDogfood's Corporate office that you're eating elsewhere until McFest is left alone, and they pay all her legal fees. They are stealing from special children.
1-21-2010 @ 11:11AM
wahawk said...
McDonald's are McIdiots!! There is NO WAY this young lady's McFest could be confused with them. That just means I now have a valid reason for staying away from the McStupid companies McDumb outlets. No matter how much I want something to eat, I will definitely go elsewhere instead of the TARNISHED Golden Arches..........
1-19-2010 @ 5:59PM
Kristen said...
I also completely agree. I have been craving a Big Mac for days, but I am now nauseated by this article. How ridiculous! I thought McD's was supposed to be supportive of our youth. Very disappointing.
1-19-2010 @ 4:43PM
ANDREW VALCUKAS said...
I agree with RR completely. BurgerKing for ever.
1-19-2010 @ 4:48PM
B. O'Dell said...
If they are so against infringement, why don't they come to the Philippines and start suing?
Here in the Cebu area, there are several "McDonald's" that have the official signs and uniforms, but don't have McDonald's food because they don't have a franchise with McDonald's.
The one on Hernan Cortez Street is the worst offender and they laugh at you when you mention that their food is worse garbage than the real McDonald's is.
McD's needs to concentrate on the actual offenders and not those who accidentally have the same or similar name.
The next thing you know, nobody will be allowed to name their child "Ronald" for fear of these jerks suing them.
1-19-2010 @ 6:49PM
I READ the story. said...
You people didn't actually READ the story. They have no problem with McFest, or charity. It's because she applied to have the name protected.
You people today are SOOO into the corporate devil V Grandma BS you only see 'McDonalds suing' and stop reading. That is what is wrong today. She didn't need to protect the name. She raised 30k in the past two years without protection. I hope McDonalds wins. If anything, SHE is stealing from the Special Olympics. Don't spend the money on attorneys, you shouldn't have applied. McDonalds has every right to sue.
Still, I will go to Burger King. Not because of you jackasses, but because their food is better. I am not a sheep. I buy the best quality product, not what the idiots around me don't have any "moral" qualms about. LOL "boycott" McDonalds. You people make me ashamed to be a human being. To think that you would try to destroy a business and cost (thousands? hundreds of thousands?) of good people jobs for no good reason. Not that it will work though, you lazy bastards will be back in Micky D's as soon as you realize the microwave is all the way in the other room. Open your eyes, quit smoking, and shut the hell up. GOD!
1-19-2010 @ 7:28PM
Silva said...
Matt @ #7
Are you daft? Mc--- anything is for Mcdonalds and it's subsidies only? What about McDougal publishing? Do they steal from McD's too? We as humans cannot make anything with Mc in it's name because of a corporation that has Mc at the beginning? What about Sarah McLachlan, should she be forced to change her last name because it has Mc in it? Will you be ashamed of humanity if she doesn't, because she's just trying to cash in on Mcdonalds popularity? What about MC Hammer? He steals from Mcdonalds too, right, Matt?
1-19-2010 @ 7:42PM
Master Robert said...
McBoycott McRetard McDonalds
1-23-2010 @ 6:46AM
Merle T Cornpone said...
McStupid,
I don't McEat your greasy food. Anybody who cares about nutrition knows McDonalds is not McNourishing and makes you McFat. I bet your McLawyers don't even McEat it.
1-23-2010 @ 6:52AM
King David said...
I don't remember which country that McDonalds JUST GOT THEIR AS SES HANDED TO THEM WITH THE SAME PREMISE, but a family in a foreign country just beat McDonald's as s when they were sued. True, the family had to use their meager amount of money (vs. McDonald's checkbook) but eventually they won and so the "Mc/Mac" handle is NO MORE ONLY THEIRS -- LIKE THE BULLIES THAT THEY ARE HAVE BEEN ABLE TO BEAT UP LITTLE PEOPLE AND KEEP!! As far as I'm concerned, they can go McPhuck themselves -- I'm heading for a FANTASTIC DEAL - THE DOUBLE CHEESEBURGER AT BURGER KING THAT IS ONLY ONE DOLLAR AND A HELLOVA LOT BIGGER, AND DOESN'T SLIDE OUT OF MY HAND WHEN I OPEN THE WRAPPING.
1-23-2010 @ 7:27AM
disgusted said...
More corporate greed and big shot lawyers padding their wallets with someone elses hard earned charity money! Whatever happened to people helping people? This teen should be rewarded for her kindness, not chastised! Do you suppose the show "Grey's Anatomy" was sued for the character dubbed "Mcdreamy"? Give me a break!!! Instead of targeting this kind-hearted teen, why doesn't the McDonalds corporation do something that really matters--like helping the people in Haiti? I"ll never eat another food item from "McScrooge-alds" again. Way to go Ronald McDonaldl!!!!!!!!!
1-23-2010 @ 7:38AM
Lauri Thomas said...
This is so petty of McDonald's. It has NOTHING to do with them OR their name. The Mc is HER name and it's for a good cause. Back off already and leave the poor girl alone!!!
1-23-2010 @ 7:58AM
Pat102 said...
This was for Special Olympics. McIdiots should have been honored if they thought people imagined they were involved with such a cause. McSame on McDonalds and their not so happy meals.
1-23-2010 @ 8:13AM
BRB said...
McDonald's is a blight on the world. Not only is most of their food unhealthy for you but now they are bullying teenagers who are trying to do good. Go away golden arches - you are not wanted in many places of the world and are contributing to the bad eating habits of people everywhere!
1-23-2010 @ 8:23AM
noobhunter said...
I am with you.Whoppers it is.I will no longer go to(mac-donalds)ever again.They suck.What kind of organization are they.If anything they should reimburse the money they have made Mcfest spend out of the Speacial Olympics donation money and triple the amont for the kids.Drop the case and get on with it.Olny in America can this happen.MAC-DONALDS YOU STINK
1-23-2010 @ 8:31AM
Larry said...
What a group of legal McIdiots... They can not even negotiate a fair and open settlement, to assist the young lady in a wonderful and very "speical charity." Well, please post McD's marketing email address on the web and let's tell them what we think... and in the mean time, let's make certain that we are McGone from doing any business with McD's establishments....
Lm
1-23-2010 @ 8:29AM
DeneseMM@aol.com said...
Mr. Carlozo, Ms. McClusky: thanks for raising awareness of this bad example of corporate bullying! Lauren: You should establish a facebook page "Stop McBullying!" and contact the Embassy of Ireland in Washington, and any other Irish interest groups in your area or throughout the USA and Ireland and ask them to comment on McDonald's thinking they own "Mc"! Further, are there any members of Congress whose names start with "Mc"? I'd write them (or find a sympathetic staffer in your own representative's office to rally the support of other member offices!) and ask THEM to contact McDonalds! With so many important things going on in the world, and the help your charity is trying to provide others, I'm sorry you had to deal with such absurdity! When you get a FB page, invite me to join, and I'll rally my friends...etc. etc!! Mr. Carlozo: pls provide an update down the line. Thanks! FB: Denese Merritt Canedo
1-23-2010 @ 8:52AM
mrskev4 said...
McIdiots....yes, that about describes the McFools at McDonalds. How dare they think they "own" every Mc in the world. They should concentrate on un McFattening their paper tasting Big Mac's and stop advertising to children the junk that is making them McObese.