Regarding his battle with the global giant, McDonalds, the Managing Director of Supermac’s said he intended to, “shine a light on the use of trademark bullying by this multinational to stifle competition.” His company isn’t small, so perhaps it’s not the best example of trademark bullying. But that’s not to say he doesn’t have a point. The United States Patent and Trademark Office defined trademark bullying as the vexatious practice of a “trademark owner that uses its trademark rights to harass and intimidate another business beyond what the law might be reasonably interpreted to allow.” That doesn’t appear to have happened in this case. Ipwatchdog.com wrote that big companies can “attempt to financially exhaust and deter that trademark holder from rightfully utilizing their registered trademark in commerce.” That hasn’t happened either.
Article of the week #1: McDonald’s, Supermac’s and trademark bullying
Mar 20, 2018