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McDonald's Has Beef With Detroit Restaurant

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Davagator
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« on: December 02, 2008, 08:34:57 am »

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DETROIT -- National fast food giant McDonald's has a beef with a Detroit area restaurant over its name.

Restaurant owner Zef Dedvukaj has two restaurants called Nicky D's, which is similar to "Mickey D's," the nickname many use for McDonald's.

"My nephew, his name is Nicholas, so we named the place Nicky. Nicky D's Coney Island," said Dedvukaj. "The last name starts with a D."

Dedvukaj has a restaurant in Warren and one in Northwest Detroit. The Detroit eatery is located across the street from a McDonald's.

In addition to the name, the restaurants are also similar in two other ways, color and logo.

The "N" in Nicky's looks like it could be the letter M with part of the first curl missing.

When told about the similarity, Dedvukaj replied "Oh, does it? Didn't know, sorry."

The Nicky's logo is yellow, the same color as the McDonald's golden arches. Inside the restaurant, the seats feature a red and yellow decor. Red and yellow are also dominant colors for McDonald's, including the fast-food chain's signature clown Ronald McDonald, who wears a red and yellow costume.

Dedvukaj insisted the colors have nothing to do with McDonald's. "No, I mean, red and yellow, these are the old Onassis colors -- Onassis Coney Island colors," Dedvukaj said. "There's black, white, yellow and red."

Dedvukaj also pointed out that he specializes in corned beef, not all-beef patties.

Customers don't see what all the fuss is about. "The waitresses are great, they are friendly," said customer Shelton Hayes. "The food is great and they have some soup that's out of this world."

About one month ago a lawyer from McDonald's sent a strongly worded letter to Nicky-D's warning of trademark infringement.

Dedvukaj said he isn't sure what he'll do about the controversy. "The money's not the issue, it's just my nephew, you know.That's his name, so I'd like to keep it up there," Dedvukaj said. "When he comes in here, he's really excited."

 ugly  The guy knew what he was doing!  McDonalds will bury him in court.
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Tuberavens
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« Reply #1 on: December 02, 2008, 08:37:48 am »

More big corp bulling
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blueyes
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« Reply #2 on: December 02, 2008, 09:00:22 am »

The story will generate publicity for his store... McDonalds might win, but all of that free publicity might pay off for the guy.
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Davagator
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« Reply #3 on: December 02, 2008, 11:37:04 am »

very true.  People may rally with support for them too.
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Tuberavens
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« Reply #4 on: December 02, 2008, 11:54:16 am »

I bet he pays his people a lot  better then mc donalds ever will
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blueyes
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« Reply #5 on: December 03, 2008, 11:02:14 am »

Possibly.
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Camillusk
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« Reply #6 on: December 03, 2008, 12:35:34 pm »

Is he in the wrong even if he did know what he was doing? All those things may be similar, but it's still not the same.
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« Reply #7 on: December 03, 2008, 12:47:38 pm »

Trademark law is pretty broad:

The standard is "likelihood of confusion." To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant's intent.

So yea, I could see how some people could be "confused" that his place is actually McDonalds.
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Camillusk
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« Reply #8 on: December 03, 2008, 12:53:43 pm »

Ah, yeah that does make sense. Wonder if he has a value menu?  Grin
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