McDonald's In Trademark Dispute With Jus' Mac Restaurant

Houston macaroni and cheese joint Jus' Mac has found itself embroiled in a trademark dispute with McDonald's since the word Mac is similar to some of McDonald's products, such as the Big Mac.

Jus’ Mac owner Kimberly Alvarez filed a trademark application for Jus' Mac in October 2010 and has since amended the trademark to include "A Mac N' Cheese Eatery," to hopefully avoid any confusion with McDonald's. The parties are attempting to reach a compromise, but Alvarez admits she's in no position to challenge the enormous chain.

In an email message to the Houston Chronicle, McDonald's spokeswoman Angelica Rosas said, "McDonald's considers its trademarks to be a very important asset. We hope to find a mutually acceptable resolution to this matter."

This is far from the first time that a small company has found itself in a trademark battle. See some other food trademark issues below:

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Comments

[nazztea]

07:35 PM on 09/30/2011

"Trademark Owners: USPTO Promulgates Request for Comments on “Bullying” Trademark Litigation Tactics"
Fulbright Briefing
http://www.fulbright.com/index.cfm?fuseaction=publications.detail&pub_id=4724&site_id=494&detail=yes

[nazztea]

12:39 PM on 09/30/2011

Maybe Kellogg's has the same legal firm as McDonald's:

http://www.techdirt.com/articles/20110907/15550615845/kelloggs-stakes-claim-to-toucans-mayan-imagery-issues-cease-and-desist-to-guatemalan-non-profit.shtml

[DanoX]

05:37 AM on 09/28/2011

Kraft Mac and Cheese should sue McDonalds. Then Mac the truck driver could then sue Kraft. Then Apple could sue Kraft for the name Mac. Then Mac conveince stores could sue Mac the truck driver. Do you see how ridiculous this is McDonalds!?

[ThinkTwiceWriteOnce]

12:12 PM on 09/26/2011

If "corporations are people too", then they, like the rest of us, should just build a bridge and get over it!

Really? Any one, even in Texas, confused as to who is who? My husband, like most men uses the word "whopper", though I have never been confused, regardless of his/their inability to tell inches from feet........

[aparr99]

09:54 PM on 10/02/2011

Even in Texas? "Think Twice . . ." you may want to travel down for a proper education. For instance, the second word in your second paragraph is used incorrectly. The one-word form anyone is used to mean "any person." The two-word form any one is used to mean "whatever one (person or thing) of a group."

Not sure where you are from, but everyone should know not to butcher our language.

Much love,

A native Texan

[jonnyfrog]

11:16 PM on 09/25/2011

Really? In my days as a chef I had several menus including "The Mac"- a really yummy mac n cheese. I even refered to it as "Mac Daddy" or "Crab Mac" or "Bacon Mac". I'm sure nobody ever expected something with special sauce on a sesame seed bun to arrive at their table. "Mickey D's" should focus on continuing to schlep out the crap as Ray Crock rolls in his grave.

[French Toast]

11:13 PM on 09/25/2011

McDonald's is a low life corporation who serves the worst food imaginable. They are a cancer on society.

[sacmom3]

12:12 PM on 09/27/2011

Jeez French, don't hide your feelings. Tell us what you REALLY think about Mcdonalds. LOL

[Edna Crabapple]

12:32 PM on 09/25/2011

My disgust for corporations grows every day.
We used to have a tiny little Mom and Pop restaurant in our town called The Taste Bud. It was a local favorite that had been around for decades, and had maybe a dozen tables, if that.
On their sign, it was listed as "Taste Bud" and under that in smaller letters the words "A friendly family restaurant".
I bet some of you can see where this is going already...
Well, you got it. Friendly's built a restaurant about 1/4 mile down the road, and immediately sued the Taste Bud for "trademark infringement".
Their position was not only was it trademark infringement, but that this itsy bitsy local place would be mistaken for Friendly's and they would lose business because of it.
Yeah, right. Maybe I'll mistake my 80 year old ramshackle house for Buckingham Palace one day too... :-(
Friendly's won. :-/
They won because they have deep pockets, and the little restaurant couldn't afford to fight them.
The Taste Bud wound up having to duct tape over the word "friendly" on their sign.
Isn't it nice when corporations can copyright an everyday English word?
Long story short, the Taste Bud is now gone and there is another vile chain pukery in it's place.
I boycott all restaurant chains. Not that it makes a difference though. But it makes me feel better. :-(

[BuckyJamesDio]

04:58 PM on 09/25/2011

At first I thought it was Anheuser-Busch going after the use of "Bud", despite the fact that it's a commonly-used noun. Instead, it's a common adjective being "owned".

In my old hometown there was a little family-owned pizza joint called "Pizza Pizza". It wasn't great, but they had a decent following. Until Little Caesar's came to town, of course. The owners of Pizza Pizza said they would change the name of their place if Little Caesars would help with the costs involved. I'll let you figure out how that went.

Let's just say that a family-owned restaurant has no chance against a corporate steamroller and should probably just fold up at the first sight of legal issues and save the money. It's so sad to see the American Dream crushed by American Greed.

[Edna Crabapple]

03:57 PM on 09/26/2011

"Corporate steamroller"...
That's one of the best phrases I've heard in a long time. It describes perfectly what's happening to small businesses. That whole last paragraph pretty much sums it all up in a nutshell.
It's really a shame, because I do try and patronise small businesses when I can, especially restaurants.
It's small businesses that ought to be getting the tax breaks, not the likes of Exxon-Mobil and GE.
But small business owners don't have the resources to line the politicians pockets... and you and I both know money talks...
It is sad. :-(

[rottnkid]

08:11 AM on 09/24/2011

Well McDonalds stole the term Mickey D's from the 'hood..just saying

[tigerintellect]

01:46 AM on 09/24/2011

Big Mac just don't want small potato tap in to their market, I suggest you learn about trademark from http://www.tigerintellectual.com before create your brand.

[Max Shaw]

05:24 PM on 09/23/2011

Really? Who gives a sh**. Yet here I am...

[stepheniegwen]

04:09 PM on 09/23/2011

Ugh! McDonald's did the same thing to a mac and cheese restaurant here in the Bay Area.

As if I couldn't hate them any more...

[Karl Wilder]

01:41 PM on 09/23/2011

McDonald's you are a big horrible company known for food that destroys our bodies and health. Leave the poor Mac and cheese guy alone.

[mokachyna]

12:02 PM on 09/23/2011

But there are still 175 thousand Ray's Pizza's on every street corner in Manhattan.