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With many of the fast food restaurants around the world changing all the time, sometimes companies find themselves in hot water regarding trademarks, and sometimes they knowingly or unknowingly infringe on the rights of preexisting companies. In the post, we will detail everything there is to know about the McDonald’s vs Mr. Charlie’s fast-food trade mark battle.
The fast-food industry is a highly competitive and saturated market. Trade marks play a significant role for companies to establish their own brand and reputation within the market as it is a way of identification. Therefore, the similarity between two food brands and marks could cause significant issues within the food industry and do damage to both companies.
Mr Charlie’s is a LA vegan fast food restaurant which has been recognised as having undeniable similarities to the global fast food chain McDonald’s. The packaging of Mr Charlie’s fully-plant based burger features red and yellow branding with a ‘smile’ logo which is strikingly similar to the colour scheme of the McDonald’s packaging. Furthermore, Mr Charlie’s menu features a ‘Frowny meal’ which is clearly based on the iconic McDonald’s ‘Happy meal.’
McDonald’s would look to handle this dispute swiftly as the resemblance between both marks will cause confusion among consumers which would have a negative effect on the sales and profits of McDonald’s as consumers can go to Mr Charlie’s assuming that it is McDonald’s due to the similarity of the brands. Moreover, the fact that Mr. Charlie’s also uses a name that is similar to McDonald’s adds to the confusion among consumers. When a consumer sees the Mr. Charlie’s trademark, they are likely to associate it with McDonald’s. It is possible that the brand and reputation of McDonald’s will be damaged through consumer expectations as Mr Charlies is plant based orientated whereas McDonald’s is primarily meat based.
The similarities of both brands raise the potential for trade mark infringement and dilution. Trade mark infringement occurs when one brand uses another brand without their permission. The trade marks in question do not need to be the same but they must be similar to the point that the consumer is confused and may struggle to distinguish them. In this case, Mr. Charlie’s may be using elements that are similar to McDonald’s’ trademark in a way that is likely to cause confusion among consumers.
Dilution occurs when a trademarked brand is used in a way where the distinctiveness of the mark is weakened as it has been used by similar brand. In this situation as Mr Charlie’s has used a similar colour scheme to McDonald’s packaging, it will dilute McDonald’s trade mark as it will lead to consumer confusion.
Both brands are able to protect their own unique elements, however it is clear that Mr Charlie’s is attempting to ride on the coattails of the built-up McDonald’s brand. It is expected that McDonald’s will take action on this in the near future as the damage to their reputation cannot be taken lightly.
If you have any queries regarding trade marks or an alternative matter, you can contact us at Lawdit today.
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