Intellectual Property Law

Seattle-Based McSweet Faces McDonald's in TTAB Opposition Proceeding

By Michael Atkins

On Friday, the Puget Sound Business Journal ran a story about a Trademark Trial and Appeal Board case involving Maple Valley, Wash.-based McSweet LLC. McSweet, which has sold MCSWEET-branded pickled cocktail onions for almost 20 years, decided to apply to register its mark with the Patent and Trademark Office. That’s when McDonald’s Corp. stepped in to oppose. McDonald’s alleges that MCSWEET infringes and dilutes its family of famous MCDONALD’S trademarks, including MC, MCCAFE, MCPIZZA, MCRIB, MCMUFFIN, MCFLURRY, and others. McSweet denies the allegations.

The article says McDonald’s offered to consent to allow McSweet to continue to use MCSWEET if McSweet dropped its application to register the mark. McSweet reportedly refused.

The article quotes me as saying: “If you have a famous trademark like McDonald’s, it casts a long shadow that others have to avoid with their trademarks.”

The parties’ testimony periods close in September.

The case cite is McDonald’s Corp. v. McSweet LLC, Opposition No. 91178758 (TTAB).  

Full post as published by Seattle Trademark Lawyer on April 21, 2008 (boomark / email).