Day 143 - 27 Jun 95 - Page 67


     
     1        promise me something light-hearted and then not produce it,
     2        Mr. Morris.  Why do you not just put it to Mr. Stein?
     3
     4   MR. MORRIS:  I have actually got copies of the relevant page
     5        here, if I can give it to -----
     6
     7   MR. RAMPTON:  No, do you mind if we see it first, please?
     8
     9   MR. MORRIS:  No, of course not.  It is the middle of the page
    10        about the prefix "Mc"; one for the Judge and one for the
    11        witness.
    12
    13   MR. RAMPTON:  It is a total waste of time.  It is not even
    14        particularly funny.  It has nothing to do with this case,
    15        my Lord, as far as I can see.
    16
    17   MR. MORRIS:  Let me just ask the witness.
    18
    19   MR. RAMPTON:  No, my Lord.  I do insist that Mr. Morris sticks
    20        to the pleadings and the witness statements ---
    21
    22   MR. MORRIS:  I will ask the witness to leave the room in that
    23        case and I will explain.
    24
    25   MR. RAMPTON:  -- sticks to the pleadings and the witness
    26        statements.
    27
    28   MR. JUSTICE BELL:  I am not going to ask Mr. Stein to leave.
    29        Just tell me what general point you are on.
    30
    31   MR. MORRIS:  I will not be able to ask my question if I have to
    32        explain the purpose of it.
    33
    34   MR. JUSTICE BELL:  I just want to know what sort of area you are
    35        in of the case.
    36
    37   MR. MORRIS:  It is to do with the use of the "Mc" symbol in a
    38        generic way rather than for a particular product.  I mean,
    39        I know McDonald's sues people -----
    40
    41   MR. JUSTICE BELL:  You just put your point.  I have heard
    42        Mr. Rampton's objection, but you just put what you want to
    43        put.
    44
    45   MR. MORRIS (To the witness):  Mr. Stein, just regarding that
    46        middle paragraph, the "Mc" prefix -- let us call it a
    47        prefix, yes ---
    48        A.  OK.
    49
    50   Q.   -- has been used in generic ways, not just for particular 
    51        products or particular companies? 
    52        A.  There have been some attempts to do that. 
    53
    54   Q.   To give an example here:  "US Today terms its short news
    55        articles from time to time News McNuggets".  Have you heard
    56        of that.
    57        A.  No, I have not.
    58
    59   Q.   You have not?  Have you heard of the "McChild Care
    60        Centres"?

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