Infringement in Geneva? Mike Wong is asking for trouble.
This is the best and funniest example of trademark infringement that I saw during my vacation in Geneva. I think McDonald's and Nike would both have something to say about Mike Wong's asian fast food joint.
I am unfamiliar with the trademark law in Switzerland, but if Nike or McDonald's were to bring an infringement case against a Mike Wong here in the US they would probably want to use a dilution theory. Reason being, it is unlikely that anyone would be confused by this use of the Nike swoosh or the McDonand's "M", it is just obvious that Mike Wong's has nothing to do with Nike or McDonald's. On the other hand, an infringement by confusion analysis could work, as long as the plaintiffs get some survey results showing that average consumers believe there is some permission from, connection with, or sponsorship by, the plaintiffs in the defendant's use of the trademarks.
By the way, I believe Mike Wong's used to be called McWong's! This travel guide notes: "Rumour has it that the owner has had trouble from McDonald's for imitating their name and logo." Shocker.
posted by Chris Cohen @ 11:32 AM
2 Comments:
I agree this guy needs a serious wakeup call. The worst thing about it is that one of the outlets is two doors down from a McDonalds! Not only does this show disrespect to two global brands, it also demonstrates a clear lack of imagination on the part of the owner to come up with his own USP. I'm no fan of McDonalds but they should all over this guy like a cheap suit. It's bizarre that neither company has gone after him, let alone the Swiss authorities. And this is a week when millions of fake Rolex watches were destroyed by Swiss Customs authorities.
McWhatever... McWong's might be an issue, but although I agree it's not the most imaginative or engaging sign, it's a stretch to compare a yellow W to the golden arches. The underline is just that, it's not a nike swoosh with the trademarked checkmark like dip. If the food is anything like the sign, I would expect Mike's creditors to shut him down before any life sucking lawyers get to him for copyright infringement suites.
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