Quality Inns Intl, Inc. V. Mcdonald's Corp.
EC410
Harold Elder
Ziwei Chen
02.20.2017
Quality Inns Intl., Inc. v. McDonald's Corp
Quality Inns International Inc. and McDonald’s Corp brought a trademark infringement, or rather a trademark dilution for using the prefix “Mc”, in Federal District Court for Court in Maryland, at the original jurisdiction level, on September 24, 1988.
“Modern trademark law in the United States stems from the Federal Trademark Act of 1946, commonly called the Lanham Act.” (Cooter & Ulen) It is discussed in Chapter 5 in the text book. The concise rule of law of this case can be found in Illinois Anti-Dilution Act, Ill.Rev.Stat. Ch. 140, § 22. In 1964, the United States Trademark Association added an anti-dilution section to its Model State Trademark Act. It can also be found in Lanham Act #43.
In this case, the plaintiff is McDonald’s and defendant is Quality Inns International Inc.. The two companies disputed that whether the mark of “McSleep” infringed the trademark of “McDonald’s or not.” Quality Inns International Inc. used the name “McSleep” as its new name of economy hotels. McDonald’s Corporation responses to that, it said that Quality Inns International Inc. cannot use the name “McSleep” …show more content…
It changes the “McSleep” to “McSleep Inn” and it also made a flag with “Quality International Inn Inc.” However, the court agreed with McDonald’s and the Quality Inn Inc. lost its case. The court addressed on four reasons. The first is the result of survey shows that the likelihood of confusion exists. Second, the trademark “McSleep” and “McDonald’s” are similar to each other which violates the Lanham Act #43. Third, the two markets are closed to each other. Forth, the good faith of the junior users in adopting “McSleep” mark. “The judge, Paul Niemeyer, said in 1987 that the use of ''Mc'' was a ''deliberate attempt to benefit by the good will and reputation of the giant fast-food chain””.
Harold Elder
Ziwei Chen
02.20.2017
Quality Inns Intl., Inc. v. McDonald's Corp
Quality Inns International Inc. and McDonald’s Corp brought a trademark infringement, or rather a trademark dilution for using the prefix “Mc”, in Federal District Court for Court in Maryland, at the original jurisdiction level, on September 24, 1988.
“Modern trademark law in the United States stems from the Federal Trademark Act of 1946, commonly called the Lanham Act.” (Cooter & Ulen) It is discussed in Chapter 5 in the text book. The concise rule of law of this case can be found in Illinois Anti-Dilution Act, Ill.Rev.Stat. Ch. 140, § 22. In 1964, the United States Trademark Association added an anti-dilution section to its Model State Trademark Act. It can also be found in Lanham Act #43.
In this case, the plaintiff is McDonald’s and defendant is Quality Inns International Inc.. The two companies disputed that whether the mark of “McSleep” infringed the trademark of “McDonald’s or not.” Quality Inns International Inc. used the name “McSleep” as its new name of economy hotels. McDonald’s Corporation responses to that, it said that Quality Inns International Inc. cannot use the name “McSleep” …show more content…
It changes the “McSleep” to “McSleep Inn” and it also made a flag with “Quality International Inn Inc.” However, the court agreed with McDonald’s and the Quality Inn Inc. lost its case. The court addressed on four reasons. The first is the result of survey shows that the likelihood of confusion exists. Second, the trademark “McSleep” and “McDonald’s” are similar to each other which violates the Lanham Act #43. Third, the two markets are closed to each other. Forth, the good faith of the junior users in adopting “McSleep” mark. “The judge, Paul Niemeyer, said in 1987 that the use of ''Mc'' was a ''deliberate attempt to benefit by the good will and reputation of the giant fast-food chain””.