Legal Question in Intellectual Property in Ohio
Can I Start a Mic-Candi's Cafe? Mcdonalds may try to sue for trademark infridgement but my name is totally different.
Asked on 4/20/10, 4:18 pm
1 Answer from Attorneys
Kevin B. Murphy
Franchise Foundations, APC
Under trademark infringement, confusingly similar is tested by sight and sound, among others. The problem is the "Mc" sound and the fact McDonalds also has a McCafe concept. Put yourself in the position of an ordinary consumer - they would think McDonalds is operating a candy cafe. That's trademark infringement. You can assume McDonalds will come after you. Do you really want to go up against them? Consult with a trademark attorney in your area and good luck!
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Answered on 4/26/10, 7:36 am
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