find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Real Estate & Projects Lawyer (6+ years PAE)
Category: Property Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Top tier firm with offices nationally · High profile clients
View details
Lawyer fights for own name’s sake

Lawyer fights for own name’s sake

A QUEENSLAND intellectual property lawyer and partner at law firm McCullough Robertson has asked all Australians to boycott fast food chain McDonald’s for one day after it recently took action…

A QUEENSLAND intellectual property lawyer and partner at law firm McCullough Robertson has asked all Australians to boycott fast food chain McDonald’s for one day after it recently took action in the Australian Trade Marks Office against him using part of his name in sponsoring a Brisbane football club.

The football club, which has an Irish heritage, is also asking that Australians don’t buy McDonald’s on St Patrick’s Day, calling it a ‘green ban’.

Retired team member Malcolm McBratney sponsors the team, and has a registered trademark name ‘McBrat’, which is printed on the back of the team’s shorts.

McBratney is determined to have the McDonald’s claim struck out, claiming he is “not about to let a US-based multinational tell me or my team whether a derivation of [the family name] can be displayed on some footy shorts or registered as a trademark”.

“Any intellectual property lawyer knows trade marks are important so I’m just following my own advice and trying to have mine registered,” he said.

The football team, Brisbane Irish, is asking all those who celebrate St Patrick’s Day to support their cause by not eating McDonald’s food on that day, March 17. “Everyone’s Irish on St Paddy’s Day and we’re calling on all Australians to show their support and boycott McDonald’s,” said McBratney.

An Irish-born spokesperson for the team, Shane Quinn, said the team was disappointed by the fast food chain’s actions. “Our front row forwards in particular have been big supporters of the McDonald’s products, but not any more — Maccas is banned. It’s pretty sad when a multinational corporation starts bullying the sponsors of community sports teams,” he said.

McDonald’s was unfairly trying to extend its trademark to cover other names starting with ‘Mc’, said McBratney. “This is shaping up to be a real McBunfight over McDonald’s fanatical protection of its brand name.”

“There are a lot of people out there of Scottish or Irish heritage with ‘Mc’ surnames who would be equally annoyed if McDonald’s told them they controlled whether they could use ‘Mc’ or not,” McBratney said.

“While every company should protect its intellectual property, this is taking things too far — it’s the big stick, or in this case, the big shillelagh, approach, he said. McDonald’s is engaging in bully boy tactics and is simply wasting their shareholders’ money pursuing this pointless legal action.”

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Lawyer fights for own name’s sake
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Unite
07:04
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Scales of Justice, Victorian County Court, retiring judges
Aug 21 2017
Replacements named for retired Vic judges
Two new judicial officers have been appointed in the Victorian County Court, following the retire...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...