The Fight in the Dog - Case Study Example

McDonald's, it would seem has a McFamily of names that cannot be used by others. Those include McWatchy, McDouble, McJobs, McShirt, McCool, McShades, McFree, McRuler, McKnight, and even just Mc. So McClusky has the wrong last name. There were no objections from the big dog when McClusky raised $30,000 in charity for the Special Olympics last year. Could it be because McDonald's also supports Special Olympics and it was seemingly free advertising for them? Now, $5,000 of that money has gone to pay lawyers to support the little dog's point of view (fight).

McClusky says she can't understand when one company can infringe on the rights one's sir name gives them and will continue this fight in the courts, however, she wants this money to go to charity and not to lawyers. McDonald's says they have the legal mandate to protect their trademark and that trademark means anything that starts with Mc. Well, how can that be, McClusky says does that mean because her name is an Mc name that she does not need a separate trademark as she is already part of the Mc names Surely they cannot force her to change her sir name and this is her chartable business.

McDonald's contends that they will continue this fight and that there will be no use of the Mc trademark and McClusky responds with the fact that she cannot change the name of a concert series that has already been functioning for two years. People expect to see that name and that it is a charity concert raising money for one of several charities. In fact, McClusky says at first felt like she was honored that as big a company as McDonald would consider her important enough to be a foe. Now though, it's become more than that.

They are aggressive and relentless and they do not listen. They will not do the right thing and they know what the right thing is. I will fight this battle until I am told that there is no battle to fight because it is the right thing to do. I will either win or there will be a compromise that will allow McDonald's to keep their patent and allow my charities to be funded from these concerts.Ending this fight on a good note for everyone will not be easy. The big dog has lots of ammunition. The little dog has lots of reasons to continue and certainly sympathy from all the other little dogs.

Who will win may depend on the tenacity and patience of the little dog who believes she is doing the right thing and the understanding of the courts. Of course, like any big dog, little dog, fight, the court has to determine whether allowing the little dog to win will establish precedence they do not want to establish. It may in the end be difficult to tell the little dog that they cannot use their last name no matter what else happens. Stay tuned to see whether in this case, the final answer is "It's not the size of the dog but the size of the fight in the dog."