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18Cn82 Research Methodology and Ipr Assignment Presentation - Semester II 07.08.2021
18Cn82 Research Methodology and Ipr Assignment Presentation - Semester II 07.08.2021
07.08.2021
Presented by
S. Pushpa (20mk06),
M.E Infrastructure Engineering,
Department of Civil Engineering,
PSG College of Technology.
OVERVIEW
Introduction
History
Trademark and slogan
Mc Donald’s trademark evolution
McDonald’s Slogans Over Time
Some products of Mc Donald’s
Other competitors
Competitive advantages
Current strategy of MC Donald’s
McDonald's patents
Some IPR based cases of MCDONALD’S
Conclusion
INTRODUCTION
1997 – My Mc Donald’s
Cutting cost
McDonald's ‐ the most dominant player in the fast food industry ‐ is protected by a bundle of trademarks, a
smattering of patents and a sprinkling of designs..
don't think of using:
Happy Meal
Extra Value Meal
Super Size
World Famous Fries (unless you actually have world famous fries)
I'm Lovin’ it
or anything including "Mc" / "Mac":
Big Mac; Mac Attack; McWorld; Chicken Mc Grill; Chicken McNuggets; Egg McMuffin; McChicken; Mc Grilled
Chicken; McNuggets; Sausage McMuffin; and Mc Caffe.
MCDONALD'S PATENTS
coffee urn
SOME IPR BASED CASES OF MCDONALD’S
Mc Donald’s VS Mac Joy (Philippines)
In 2004, McDonald's sued Cebu-based fast food restaurant Mac Joy for using a very similar trade name. In its
defense, Mac Joy insisted that it was the first user of the mark under the title "MACJOY & DEVICE" for its
business in Cebu City which started in 1987, whereas McDonald's only opened its first outlet in the same city
in 1992, although it had used the name in Manila since 1971.
Mac Joy stated that the requirement of “actual use” in commerce in the Philippines before one may register a
trademark pertains to the territorial jurisdiction on a national scale and is not merely confined to a certain
locality or region.
It added that "Mac Joy" is a term of endearment for the owner's niece whose name is Scarlett Yu Carcel. In
response, McDonald's claimed that there was no connection with the name Scarlett Yu Carcel to merit the
coinage of the word "Mac Joy" and that the only logical conclusion over the name is to help the Cebu
restaurant ride high on their (McDonald's) established reputation.
In February 2007, the Philippine Supreme Court upheld the right of McDonald's over its registered and
internationally recognized trademarks.[10] As a result, the owners of Mac Joy, the Espina family, was forced to
change its trademark into My Joy, which went into effect with the re-opening of its two branches in Cebu City
on August that year.
SOME IPR BASED CASES OF MCDONALD’S
Mc Donald’s VS McCurry (Malaysia)
In 2001, McDonald's sued a small restaurant named McCurry, a popular eatery serving Indian food in
Jalan Ipoh, Kuala Lumpur, Malaysia. McDonald's claimed that the use of the "Mc" prefix infringed its
trademark, while the defendant claimed that McCurry stood for Malaysian Chicken Curry.
In 2006, McDonald's won an initial judgment in the High Court. The judge ruled that the prefix Mc and the
use of colours distinctive of the McDonald's brand could confuse and deceive customers.
In April 2009, however, a three-member Appeal Court panel overturned the verdict, saying that there was no
evidence to show that McCurry was passing off its own product as that of McDonald's. The Appeals Court
also said that McDonald's cannot claim an exclusive right to the "Mc" prefix in the country.
McDonald's appealed the decision to the Federal Court, the highest court in Malaysia. In September 2009, the
Federal Court upheld the Appeal Court's decision. McDonald's appeal was dismissed with costs, and the
company was ordered to pay RM10,000 to McCurry.
SOME IPR BASED CASES OF MCDONALD’S
In 1994, McDonald's successfully forced Elizabeth McCaughey of the San Francisco Bay Area to change the
trading name of her coffee shop Mc Coffee, which had operated under that name for 17 years.
"This is the moment I surrendered the little 'c' to corporate America," said Elizabeth McCaughey, who had
named it as an adaptation of her surname.
THE MCDONALD'S 'BEEF FRIES' CONTROVERSY
In May 2001, a class action lawsuit1 was filed against the world's largest fast-food chain
McDonald's, in Seattle, US. The lawsuit alleged that the company had, for over a decade,
duped vegetarian customers into eating French fries2 that contained beef extracts.
The lawsuit followed a spate of media reports detailing how the French fries served at
McDonald's were falsely promoted as being '100% vegetarian.’
Although McDonald's initially declined to comment on the issue, the company issued a
'conditional apology,' admitting to using beef flavoring in the fries.
The furore over the matter seemed to be settling down, when to McDonald's horror, some of
its restaurants in India were vandalized. Activists of Hindu fundamentalist groups - the Shiv
Sena, the Vishwa Hindu Parishad (VHP) and the Bajrang Dal, staged a demonstration in
front of the McDonald's head office in Delhi protesting the alleged use of beef flavouring....
CONCLUSION
https://www.coursehero.com/file/82415490/McDonalds-Process-Patentpdf
https://en.wikipedia.org/wiki/McDonald's_legal_cases
www.icmrindia.org/casestudies/catalogue/Business%20Ethics/BECG017.htm
https://www.slideshare.net/rakesh9334/mc-donalds-ppt-14053062
THANK YOU