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

Prev Next Index