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Hold the pickles…

There is one thing to be said for being famous in the trademark world, you get to have your trademark and eat it too.  MacDonald’s (yes, that MacDonald’s)  has apparently threatened suit against a startup restaurant in Oakland, California, for use of the name “Little Mac” in connection with their  food shop featuring a macaroni and artisan cheese dish. Arguing that use of the Little Mac mark would infringe upon their well-known brand “Mac” in connection with restaurant services, MacDonald’s has not so subtly demanded owners Erin Wade and Allison Arevalo go in a different direction.  From a trademark perspective, this could be an interesting case pitting the fame of MacDonald’s brand and the ubiquitous “Mac” against arguably descriptive use of “Mac” for macaroni, which is a principal ingredient to the shop’s signature meal.  A quick search on the USPTO website shows there already are variety of “Mac” formulated marks for food stuffs, including macaroni items,  including “Mac’s Market”, “Mac’N Cheese Munchies”, “Mac Iver”, “Tastee-Mac”, “Quick Mac” and others.   Mac List Why MacDonald’s chose to put its foot down here is still unclear, but they are almost certain to have it their way.

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