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Monday 18 December 2017

McDonald's takes aim at Supermac's

Trademark Row

Allowing Supermac's to register its trademark in Australia would be "likely to deceive or confuse consumers", McDonald's has claimed as it moved to block the Irish fast-food brand expanding into the market there.

A trademark lawyer working for McDonald's has filed a 639-page objection to the use of the Supermac's brand in Australia.

Lawyer Khajarque Kortian of Spurson & Ferguson, an intellectual property company that operates across Australia, the Pacific region and Asia, is acting for McDonald's.

McDonald's has claimed that Supermac's shouldn't be allowed to register as a trademark in the country.

The case will be determined by an administrative decision of the Australian government's intellectual property service.

In a letter, Mr Kortian said allowing Supermac's to register its trademark in Australia would be "likely to deceive or confuse consumers" into thinking it was a McDonald's brand.

Approval

He suggests that Australians seeing the Irish brand name would believe they were buying "goods and services … either provided by or on behalf of the opponent (McDonald's) or its associated entities or that those goods or services were provided either under licence or with the sponsorship or approval of the opponent or its related entities".

The documentation is largely made up of details of previous cases where the fast food giant has sought to block the use of "Mc" in food branding in Australia.

These include attempts by other companies to trade using "McSalad," "McFresh," "MacCoffee," "McSlider" and "McKebabs" as brands.

In each of those cases McDonald's argued that its intellectual property was interfered with.

The case has been taken after Supermac's lined up an Australia-based Irish franchisee last year to run what would have been the chain's first outlet in the country.

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