Infringing Rights of Famous Food-Chain? An I open to a lawsuit?

[canthisbelegal]

I run the website mcdonaldspeople.com, I am wondering if I am open to a lawsuit for copyright infringment, trademark infringement and or invasion of privacy?

 

[army judge]

There is not necessarily a problem with the name. So what do you do on your website? What is it's purpose?


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[canthisbelegal]

There is not necessarily a problem with the name. So what do you do on your website? What is it's purpose?


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So the domain name isn't at risk for dilution, trademark infringement? The website is a parody website of things happening at mcdonalds or with mcdonalds signs. It takes pictures then makes fun of people at mcdonalds, or funny things happening at mcdonalds and provides commentary. I am concerned the content inside may be copyright infringement or trademark infringement?

 

[army judge]

So the domain name isn't at risk for dilution, trademark infringement? The website is a parody website of things happening at mcdonalds or with mcdonalds signs. It takes pictures then makes fun of people at mcdonalds, or funny things happening at mcdonalds and provides commentary. I am concerned the content inside may be copyright infringement or trademark infringement?

Generally, parodying an entity or person is protected under free speech.

As long as you are not attempting to profit from the use of a trademark or copyright, there is no infringement.

The Law Professor, will no doubt offer his informed view of your query, sooner; rather than later.

He'll expound on this matter, but generally I see no legal difficulties as a result of your actions.

 

[canthisbelegal]

No but I do have ad banners on the website, so the site itself is indirectly making money.

 

[army judge]

No but I do have ad banners on the website, so the site itself is indirectly making money.

Yes, but it isn't making money using the copyright of someone else to do so.

What you're doing doesn't appear to be illegal.

 

[Michael Wechsler]

Army Judge is on target here and there are a couple of issues that could arise, after I reviewed your site. I can't say for sure that a takedown letter won't be sent to you nor can I tell you for sure if, for discussion purposes, what a court might rule if such a case was litigated.

Your pictures are on the private property of McDonald's and also contain their trademarks. I remember some issue with Ford a little while ago, claiming that pictures of Mustangs were in violation of their trademark rights. But in this case there was also the issue of the trademark in the domain name, such as yours. Crazy as it may seem and commercial suicide, here's an article on the case:

http://www.autoblog.com/2008/12/10/ford-lawyers-go-after-ranger-fan-site-for-trademark-violation/

If you put up funny pictures of McDonalds franchises on "myfunnypics.com" then the issue becomes different. There are other theories here which make it possible for McDonald's to possible sue - it will never happen. They may simply send you a takedown letter and demand the transfer of your domain name in return for not suing you (how kind.) I don't know.

So what's my thought - hard to say whether your actions are technically infringing but there is some case law that says if you put it all together, McDonald's may have a case should it go that far. What's the practical effect? Very funny site - if you keep it light and fly under the radar, its possible you won't attract attention and nobody will say something. If management has a sense of humor, they may even offer to pay you a few bucks to keep pushing the "fun at McDonalds." Should you get a takedown notice... well... wrong or right, you've got a decision to make. This should help you with your decision whether to invest time in your "brand." Good luck and thanks for the laughs.

 

[canthisbelegal]

Thanks for the response. I am fairly certain if McDonalds management finds out they'll send out a C&D and eventually go to litigation, as that seems to be their MO. They seem to file lawsuits against anything that can go against their name and reputation and argue against my First Amendment rights. I wonder what the difference is between "myfunnypictures" and my site specifically? Are my main issues trademark infringement of the websites name?

My understanding of copyright/trademark law is that as long as I am not misrepresenting the pictures or trademarks, and if I am providing commentary (as a parody) then I should be okay.

Otherwise remedies to fix become less likely a target to a lawsuit would be to change the domain name, as in completely rid it of mcdonalds or at least add to make more distnctly different? The content, also I have content of mcdonalds ads and what not, would that be copyright/trademark infringement to make fun of those?