Day 143 - 27 Jun 95 - Page 68
1 A. No, I have not. I know that there have been some
2 companies that the trademark lawyers have vigorously sued
3 for taking our name or trying to take our name, our trade
4 name, and use it. I know there is a whole section of our
5 Legal Department that deals with protecting our trademark
6 and our trademark names.
7
8 Q. OK. Maybe I have slightly misunderstood this paragraph.
9 When it says, for example, on the fourth line
10 "McDoctors" ---
11 A. I think somebody has -----
12
13 Q. -- for drive-in clinics designed to deal quickly and
14 efficiently with minor dental and medical problems?
15 A. I think somebody is pulling your leg and everybody
16 else's leg with this article.
17
18 Q. Is it a way that these have been more likely, rather than
19 people calling themselves that, this is a way that some
20 operations have been characterised because of their
21 similarity with the McDonald's operation?
22 A. No. If someone uses our trademarks or trade names ---
23
24 Q. I understand.
25 A. -- the Company has lawyers who want to protect our
26 trademarks and trade names. Somebody has put something in
27 here that is really very humorous to me but not very
28 factual.
29
30 Q. No, but what I am saying is that may be the point is that
31 these are not actually trade descriptions, but that these
32 are characterisations may be made in the media or something
33 of a particular style of operation, and because of
34 McDonald's influence, success, for example, a certain style
35 of doctors' clinics is characterised in the press as
36 "McDoctors"?
37 A. I have never seen that in my entire life. I think it
38 is funny. At least I am getting some enjoyment out of
39 today.
40
41 MR. JUSTICE BELL: That is really what Mr. Morris is putting to
42 you -- we will call it a day when you have answered this,
43 unless he wants to ask anything further -- that McDonald's
44 has become so associated with size, system and speed that
45 any operation which is to be noted for those
46 characteristics can be called by others by whatever
47 operation it is with an "Mc" before it.
48
49 MR. MORRIS: In a humorous way or a satyrical way.
50 A. In a humorous way?
51
52 MR. JUSTICE BELL: Do you know of that practice in the United
53 States?
54 A. No, I do not, my Lord. I am not an expert in this kind
55 of area.
56
57 MR. RAMPTON: My Lord, I believe that I understand now what
58 Mr. Morris is doing. It is, as a matter of law,
59 illegitimate; he does not know it, I do and your Lordship
60 does. Evidence which goes to the meaning of the words
