Continuous Internal Assessment I

Intellectual Property Analysis of the Movie -Coming to America

Subject: Intellectual Property Law

Submitted to: Dr. Avishek Chakraborty
School of Law
Christ Deemed to be University.

Submitted by: Tejas V Gowda (Reg no: 2150137)

BA LLB (A), School of Law
Christ Deemed to be University.

Date of Submission: 22nd of January, 2024

----------------------------------------------------------------------------------------------------------------
Contents
----------------------------------------------------------------------------------------------------------------
1. Identification of the appropriate form of intellectual property in the movie- Coming
to America.
2. Describe whether an appropriate theoretical justification meets or does not meet the
respective form of Intellectual Property?
3. Principle of IP protection to the given case of the movie- Coming to America.
 1. Identification of the appropriate form of intellectual property in the movie- Coming to
America.

Distinctiveness is a key criterion for a trademark's validity and protection. Distinctive

trademarks are more inclined to receive legal protection, barring others from employing
comparable marks in a manner that might lead to consumer confusion.

In the film "Coming to America" (1988), there is a notable scene featuring the main
character, a Crown Prince, working at a local fast-food establishment named McDowell’s.
This fictional restaurant is portrayed as a playful imitation of McDonald's, with its yellow and
green colour scheme resembling the iconic yellow and red trademark of McDonald's.
McDowell’s also incorporates a similar logo and interior design. The owner, Cleo McDowell,
reacts nervously to a police siren, indicating potential legal issues associated with the
unconventional business practices of McDowell’s. This particular scene serves as the focal
point for analysis with respect to the Intellectual Property infringement.

Concerning this matter, there exists a case of intellectual property infringement specifically
related to the violation of McDonald’s trademark. As previously mentioned, Cleo McDowell,
the owner, expressed a sense of fear, assuming that the police were approaching to apprehend
him. This situation could have been avoided if he had obtained proper permission or if he
were an unwitting infringer. In the context of the movie, Cleo McDowell's behaviour strongly
implies that he is neither an unknowing infringer nor someone oblivious to their wrongdoing.
It is evident that he is fully aware of the trademark infringement committed by using a logo
and colours closely resembling those of the original McDonald’s franchise.
In accordance with the Trademarks Act of 1999, Section 2(1) (h) 1 defines "deceptively
similar" as follows: "A mark shall be considered deceptively similar to another mark if it
closely resembles that other mark to the extent that it is likely to deceive or cause confusion."
In this context, the McDowell’s mark could be interpreted as a mark that is deceptively
similar to McDonald's.

Trade Marks Act, 1999

[Act No. 47 of Year 1999 dated 30th. December, 1999]

 2. Describe whether an appropriate theoretical justification meets or does not meet the
respective form of Intellectual Property?

Natural Rights Theory2- The theory asserts that individuals inherently possess the right to
consider their thoughts as a form of property, emphasizing that creation originates from the
labour, innovation, and creativity of the creator. In the current scenario, the misuse of
McDonald’s brand name and trademark by McDowell’s becomes a pertinent issue within the
framework of this theory. The theory underscores the idea that intellectual creations, such as
brand names and trademarks, are an extension of an individual's labour and creativity,
warranting protection against unauthorized use or misappropriation. In this case, the
unauthorized use of McDonald’s intellectual property by McDowell’s raises concerns from
the perspective of natural rights, highlighting the importance of respecting the creative efforts
and property rights of the original creator.

Utilitarian Theory3 suggests that the progress and social products of modern advancements
can lead to a superior and significant financial impact on the general public. In essence,
individuals should derive benefit or long-term happiness from their actions, emphasizing that
there needs to be clear evidence that the benefit will outweigh the costs incurred. In the
present case, the happiness or benefit associated with the McDonald’s franchise is facing a
serious threat from the actions of the McDowell’s owner. The unauthorized use of
McDonald’s intellectual property by McDowell’s not only poses a risk to the financial
interests of the McDonald’s franchise but also raises ethical concerns within the utilitarian
framework. The potential harm caused by this infringement extends beyond financial
considerations, impacting the overall well-being and satisfaction of consumers who may be
misled by the imitation, thus emphasizing the broader societal implications of intellectual
property violations.

The Economic Theory4, in the context of intellectual property rights (IPR), is closely tied to
its market value in the economy. This theory posits that an incentive must be established for
intellectual property to overcome losses and market failures. The rationale behind this is that
innovators often face substantial initial creation costs and marginal distribution costs for

2
Ashwin, "Theories of Intellectual Property Rights," https://enhelion.com/blogs/2021/02/27/theories-of-intellectual-
property-rights/#:~:text=Similarly%2C%20the%20natural%20rights%20theory,own%20intellectual%20labor%20in%20it.
(Accessed February 27, 2021).
3
PAUL, RITU, Intellectual Property Rights: A Utilitarian Perspective (May 9, 2021). Available at
SSRN: https://ssrn.com/abstract=3842429 or http://dx.doi.org/10.2139/ssrn.3842429
4
Thumm, N. (2000). Microeconomic Theory of Intellectual Property Rights. In: Intellectual Property Rights. Contributions
to Economics. Physica, Heidelberg. https://doi.org/10.1007/978-3-662-12101-6_3
intellectual products, and creating a mechanism for them to recoup these expenses is crucial.
In the present case, it can be inferred that the unauthorized use of McDonald's intellectual
property by McDowell's poses a threat to the profits of the McDonald’s franchise. This
infringement not only undermines the economic value of McDonald's brand but also disrupts
the incentive structure necessary for the continued innovation and development of intellectual
property in the market economy.

3. Principle of IP protection to the given case of the movie- Coming to America.

The distinctive nature of a trademark is a crucial principle in intellectual property law. The
distinctiveness of a trademark refers to its ability to set apart the goods or services it
represents from those of others. In the case of McDonald's, the iconic 'M' in yellow and red
has become widely recognized and associated with the brand. This distinctive combination of
colors and design serves as a strong identifier for McDonald's in the minds of consumers.

When a trademark lacks distinctiveness, it becomes more susceptible to causing confusion

among consumers. In the context of McDowell’s, the fictional restaurant's use of a similar 'M'
logo and color scheme, resembling McDonald's distinctive trademark, could lead to
confusion among consumers. The lack of a distinct visual identity for McDowell’s creates a
situation where consumers might mistake it for or associate it with McDonald's, impacting
the clarity and uniqueness that trademarks are meant to provide.