Sorry I misunderstood your post. Read my response towards the bottom of the page...
Yeah- but there would be no mcThing if it wasnt for them, you know? cant they say that my using say, mcHome.com would be confusing to the public who might think it was a mcdonalds site? I thought if they thought it might cause public confusion, the company would win-..
Because MC can also stand for Emcee or Microphone Controller.
True- but the site I want to build would sound like mcdonalds- it would be like mcDog, not emcee dog..
Legal or not McDonalds actively protects it's mark the same as Toys R Us. Anyone using "R Us" or McKeyword names can expect some letters...
Thats what I thought ;-( I dont want any letters- it just would have made a cool site :-(.
Mc isn't used just by McDonalds. People have Mc in their last name. As long as you don't have a big gold M and a goofy looking clown with red hair, you'll be fine...
Well, I am gonna hold the name- develop it, and see what happens. it has no reference to food, or anything like that. if I get a mcletter, I will let ya'll know...
Other than getting mostly horrible advice in thread (save labrocca), the fact that you think that "mcletter" has to do with McDonald's is pretty much proof enough that you shouldn't... (Yet again, "pretty much").
(And just as an aside: you have to love this: http://www.wipo.int/cgi-bin/domains/...n&case_id=9702 )..
I agree- but......
And I guess I need to find this out on a legal level- IF it is true, and they cant actually "do" anything, then based on what you just said, could be very good for me. know what I mean?.
Dont get me wrong- I am not trying to make off on ronalds name- the domain I saw actually popped up while I was searching another keyword- and I just fell in love with the name- I saw a great site behind it-.
And if legally they really cant say squat- then I am ok- and if they can stop me, then I am out the 9 bucks to register it...
No, smash, you aren't out $9 - you're out statutory damages of up to $100,000 , you're out your own time and legal fees , and more... Check other threads talking about risk..
I didnt know there was a risk if I did not develop the site- there is a risk to just own the thing?..
As long as you keep away from food related articles/sites/forums/wares and distance yourself as far as possible from any corporate identity and corporate design that could even vaguely be mistaken with the mcD corporation, you should be ok. also, any name that you chose for a Domain (mc-i-should-stay-away-from-this.com) should not be food related or in other way be able to be tied to MCD. if they get any idea of you riding their wave that costs them multi millions of dollars in annual advertising, you can expect an immediate C&D letter. Now, taking all this in consideration, I would think about a different DN name. the time spent to think about another name is going to be less time spent than the time it would take you to clear your headache that the MCD attorneys will cause you. >>..
Ok- whew- I did search on "risk" in here and read some stuff- alot over my head here-.
The name is generic- with the mc in front of it- I bought it now-.
It would be like mcautomobile or mcshirt- has nothing to do with food at all- in fact I want it to be more of a portal/social site- lord knows there are a ton of portals, but I really like this name..
I wonder if I had a narrator on the site- a mascot- like Jimmy Mc(mydomain)..
Then the site would be named after him :-)..
I will restate my point..legal or not...it won't stop McDonalds from coming after you to protect their TM. You gotta ask what it will cost you to hire an attourney to defend yourself. There are other names to get with a whole lot less risk. Why bother putting effort into something that will get snatched the second it's popular? I don't see the reasoning here.
Can you name me ONE business that's active and starts with Mc other than McDonalds? They do care.
Here is a PDF I dug up. http://www.law.du.edu/mireles/cases/...s_McDonald.pdf Honestly..don't mess with the McJerks...
As labrocca has pointed out McDonalds are highly protective over their trademark even just the mc bit. Even if they have no legal right over the domain name it does not mean they will leave you alone. Have you got the money to fight them? probably not and mcdonalds know that. Yes it is mc and mac doth are gaelic (if I remember correctly) and mean son of. So my name means son of donald. But regardless of wether it is a name or not does not automatically give someone the right to use it in business practices even if it is their own name...
If your last name was McDog - then maybe - but that you want to have it deal with food products is just asking for trouble. Why not save yourself the larger headache and just go throw a brick through a McDonalds outlet window. Either way you will be getting unwanted attention...
A bit old school, but MC Hammer! Though I heard his career tanked after he got his ass kicked on stage by Ronald McDonald...
What about McAfee?.
Actually just doing a search for MC, brings back a lot of MCkeyword sites. mcsports.com, mcgamers.com, mcstrategies.com, mcnews.com.au...
I agree that if MCD wanted to, they could make your life hell even if they have no legal right to do so, but at the same time, if the site is completely unrelated to food and it bares no ounce of anything to do with MCDs, I don't think they'd really care.
We shouldn't be persuaded from doing things out of fear of some corporation overstepping their legal rights. Thats how they continue to get away with doing exactly that. I guess it's easier to have balls when you have nothing to lose though, which is my case. Everyone knows Bguo means McDonald in Chinese... It's the guy's last name, he's sure to win..
McAfee - Nice one... Tough to compare though since Afee isn't a keyword.
McKeyword is really the problem...nice you found a few out there though...
I think it depends on what the context is completely. MC doesn't have to just be a prefix to a keyword... it could be an acronym as well.. Like in the example of MCnews.com.au.. MC seems to stand for Motorcycle. So I think if you could work in an MC acronym with the keyword domain name, it might help to substantiate the legitimacy of it's usage. Just make it stand for Multi-colored, that can cover anything It's always smart to work out a gameplan for usage before going into any venture.....
Ok I think I misunderstood the original post. I would strongly suggest that you have a meaning for "mc" if it's in your domain. Do not just stick "mc" in there for no reason! Remember, it's better to be safe than sorry. And about the Toys R Us thing...either they don't care, or can't do anything about people using "R Us". Need examples? http://www.transmittersrus.com/ http://baldrus.com/ http://www.fsru.com/ http://www.bannerzrusgraphics.com/ http://www.danesrus.com/ http://www.kidzrus.net/ http://www.helmetsrus.com/ http://scrapbookingsuppliesrus.com/ http://geeksrus.com/ http://www.tweaksrus.com/ http://www.texrus.com/ http://www.bricksrus.com/ http://www.driedflowersrus.com/ http://www.disabilities-r-us.com/ http://www.crus.com/ http://www.huntingtripsrus.com/ http://www.jeepsrus.org/.
...and the list goes on and on.
Just to dispell any misconceptions on the subject...
Of course McDonalds is a scottish surname, I should knwo I am scottish lol.
Something like McDonaldsCoupons.com could cause legal issues to arise but McDogs.com is ok but it's just opinion so dont quote me on that, as long as you dont use it to gain of McDonalds purposley see above for example of that.
I'm no expert on legal issues regarding domains but if your so worried then it would probably do you the world of good not bothering with getting the domain...
Well at this point I am probably not going to do a thing with it now that I am shakin in my boots- the name was mcpeople.com- and I just saw it as a neat name for a social site-..
I should think your safe, this has nothing to do with the fast food place. Mc's meating other Mc's. A fine idea. Good luck with it...
McDonalds didn't start the MC Thing, people did. McDonald's isn't a thing, it's a name. If they did start it, they would be called McHamburger, right? Where you would have problems is if you made McGarbage and made your website look like theirs.
Here's a real time example of a McThing: McFit.com / McFit.de?.
If you really think about it, they are the exact opposite of McDonalds. It is an agressive attack on their product. The colors are bright Gold and Blue.
McFit.de would be squashed overnight if it was a problem. They are big enough to attract attention. German laws are really tough on these things and if there was any doubt, it would already be gone. There are companies in Germany that make a living by hunting done Internet problems like this, having false data, etc..
You should, however, still the hell away from:.
McFastFood, McFrenchFries, McHappy and anything that could be one of their areas of business now or in the future.
PS: I forgot. Most people aren't designers and might miss the point about the colors. When I say Gold I mean yellow. Yellow, Red and Blue are primary colors. McDonalds use two of these colors: Gold and Red. McFit uses two also: Gold and Blue. There is no doubt that is by design and done intentionally...
I was reading the article posted earlier in the thread- I do think that if it is done right- I can get it so that it is it's "own thing"- and when asked, people would not think mcdonalds owned it- like in the article.
By the way- thanks for all the responses- am on a few forums, and some just never respond to anything- thank you!..
Well I looked at the uspto and there are over 500 Live TM's that use Mc in them.
From the looks of them most aren't the fast food chain. If you wanted to make a McRib site that would be one thing, but you look safe with this one. By the way there is even a McDonald that is TM'd that belongs to a manufacting corporation. It's really all about use.
Anyway, if there is ever a question use this search: http://tess2.uspto.gov/bin/gate.exe?...ate=d6cclj.1.1..
I looked at McHouse.com, McCar.com (He'll never have a problem. It's his name.), McBoat.com, McCat.com, McHosting.com and they all have some sort of a website there. I could probably find sites all day long.
I'm in Germany and believe it or not, I've never heard of McRib. That's funny. I took a look at McRib.com. They actually sell it (sold it). It is of course taken by McDonalds. McRib.net (some kind of fake ticket sales site) and McRib.org are registered by other people.
Now, what you should really look at here is McRib.org. They are now calling themselves McRobbed. Could it be that McDonalds sent their McLawyers over to the site for a little McVisit? If so, it definitely is a sign that they protect their Billion Dollar Trademark.
I agree with Ben42 though. Use is everything. So, stay away from food that they sell or may want to sell. I noticed that McHotDog.com is owned and so is McBurger.com. I sure wouldn't buy McRibSauce, without a bit of concern. Just because they haven't sued those owners today, doesn't mean that they won't do it tomorrow, especially, if the site were to become famous..
MCPeople is a cool name. I'd buy that one immediately. Since you posted the name here, it probably will be gone within a few hours. My name is McAllister. I could probably get away with McPeople pretty easily...
Mcallister! well, you have the right to use the old "mc" thing :-).
I love the name- it really will make an incredible social type site- there are so many great names out there, but this one was just clicky with me- and I think it would generate it's own following. it just makes people- all equal, in my eyes anyway- (i have thought into this domain alot :-) ).
And no- there have been no side offers :-)..
The domain name is awesome. MCPeople. You are right, all people are equal, we're McPeople.That's totally cool. It could easily be a cult site. It sounds very culty to me. It makes kind of a joke that we are all kind of mass processed now; but doesn't slam it, just accepts it.
I'm jealous. I wish I would have thought of it.
Just think of all the times you've heard people complain that all the good COMs are gone. That just shows what a little creativity will do. McPeople is a great, short name with tons of potential. All you have to do is hear that once and boom it's in memory. I really love it. I hope you spent the extra funds and picked up all the other gTLDs, especially the MOBI.
Good luck with developing it...
Well I just had the brilliant idea to register McWhopper.com to put up a spoof site, kind of like the MSFirefox.com one, but apparently someone else thought it was a great idea 2 days ago!!! Maybe one of you guys! haha..
Here's a link to find German Trademarks: https://dpinfo.dpma.de/protect/mar_e.html.
If you run a search on McFit, you'll see that there are a total of 8 McFit Trademarks:.
30616617.8 22.09.2006 McFit.
30616615.1 22.09.2006 McFit Trainings-Logbuch.
30616614.3 22.09.2006 McFit I Terminal.
30616613.5 22.09.2006 McFit I Terminal.
30616612.7 22.09.2006 McFit Muskelnavigator.
30616610.0 22.09.2006 McFit Channel.
39865191.4 12.08.1999 DIE FITNESSHALLE FR ALLE McFit.
39701104.0 30.08.1997 McFit.
Considering that the oldest McFit Trademark is from 1997, McDonald's isn't likely going to be able to win a despute. By not stopping them in 1997, they have passively given them permission to use the name.
In the USA, there is also a McFit ServiceMark. The serial number is: Serial Number: 77020401. It was filed in October 13, 2006 and can be found using the link to the US trademarks posted earlier in this thread. Of course, that doesn't mean anything. McCoffee of San Fransisco was in operation for 17 years before McGreedy squashed them. What is interesting is that McCoffee was owned by a McPeople, namely: McCaughey.
What is even more amazing about McFit is that McDonald's previously held a Trademark for the name in 1993 but ABANDONED it. There is also a Trademark on record for 2004 (owned by McDonald's) but it is listed as Dead and Canceled. How is it possible for McFit to use a name that McDonald's owned?.
McFit in Germany (which has 68 Locations) has held their Trademark undisputed for 9 years even though McDonald's had the same name Trademarked in the USA back in 1993. By not stopping them, they are giving there approval to the name.
When reading about the McSleep case, I found this line:.
" TRADE REGULATION 339 382 339.
If use of a particular mark brings another company to mind, but without confusion that the other company is behind the product or service, there is no trademark violation." Because I may have taken it out of context, I include the link: http://hyper.vcsun.org/HyperNews/djo...iplaw/169.html.
In the case of McPeople, there are so many ways to use the name that does not create confusion between that project and McDonald's. I can think of several dozen.
Nevertheless, in Wikipedia, there is a list of McDonald's legal cases against people using Mc. Here's the link: http://en.wikipedia.org/wiki/McDonald%27s_legal_cases.
What's very scarry is that in almost all the cases, McDonalds has won, except one. That at first is impressive, however, in the two cases in the UK, McDonald's lost the more recent case. Could times have changed?.
That case was against McChina Wok Away (UK) (2001) in which the court ruled that McDonald's had no right to the prefix Mc.
"But that all changed Nov. 27 when London High Court Judge David Neuberger ruled the name was neither confusing nor deceptive to customers. According to the Associated Press, the judge stated that while McDonald's held the rights to a number of "Mac" and "Mc" type names, the company was "virtually seeking to monopolize all names and words with prefix Mc or Mac, at least in relation to food or restaurant services.".
Judge Neuberger, adding insult to injury, said McDonald's had titled several of it's menu items, such as Chicken McNugget Shanghai, Oriental McRib and McFortune Cookie, with an Oriental flavor.".
That can be found at: http://www.findarticles.com/p/articl...35/ai_80748716.
There's no doubt that McDonald's aggressively protects itself. They have the money to do it. Might makes right. Thee shall win who haveth the most expensive lawyer. Yet, could it be that McDonald's industrial McPower is stronger in the USA. It would appear that in Europe (McFit and McChina for example) it is possible to use what in reality does not belong to the McCorporation McDonald's, namely the prefix Mac and Mc.
Quite frankly, the mere idea that McDonald's is trying to McBully the entire McPlanet into saying all things "Mc" belongs to them is purely absurd. The name is older than McAmerica is. My McGod, isn't that a little McArrogant!! As one McPerson wrote, this is..."cultural imperialism on a massive scale."..