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McDonald’s Battles Another Mac and Cheese Restaurant

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Mac and cheese by jspatchwork on Flickr

Mac and cheese by jspatchwork on Flickr

McDonald’s is fighting the trademark application of Jus’ Mac, a restaurant that specializes in gourmet macaroni and cheese in Houston, Texas.

Yes, it’s that “Mac” in the name that has McDonald’s lawyers out in full force as McDonald’s spokeswoman Angelica Rosas told the Houston Chronicle, “McDonald’s considers its trademarks to be a very important asset.”

The burger conglomerate does “hope to find a mutually acceptable resolution to this matter,” however, which may involve Jus’ Mac’s inclusion of the phrase “a mac n’ cheese eatery” at the end of the name, according to Jus’ Mac’s owner Kimberly Alvarez.

Does this sound familiar to you? If you’re a faithful LegalZoom reader, it should.

Last June, we talked about Erin Wade and Alison Arevalo, who had planned to open a boutique macaroni and cheese restaurant in California but had to rethink their “Little Mac” name because the Big Mac came along — McDonald’s, that is, with the threat of a lawsuit if they went ahead with a “mac” in the name.

Wade and Arevalo decided it wasn’t worth the hassle or expense to fight, so they opened with the name “Homeroom” in Oakland; the pair has since put together a happening business that sells mac and cheese in various incarnations as well as veggies, salads, and even homemade root beer. Still no burgers.

What do you think? Would any restaurant name with “Mac” in it be confusing to you as a customer? Would you think a mac and cheese place was affiliated with McDonald’s? Does McDonald’s have a legitimate trademark infringement claim regarding any food establishment with “Mc” or “Mac” in the name?

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<a href="" title="Is Jus’ Mac infringing on McDonald’s trademark?">Is Jus’ Mac infringing on McDonald’s trademark?</a>

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September 26th, 2011 at 11:58 am