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Legal Question - Using McDonalds/Coca Cola

3 replies [Last post]
Fri, 04/19/2013 - 18:08
dabuel
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Joined: 04/13/2010
McDonald clown ok or not?

Hi all!
I'm working on a satirical game about greedy multinational companies, though you are playing a nameless corporation. It is card based and each card has an illustration and a flavor text in addition to the icons relevant for the game play. For example I have one card called "Big Food". On the (current) illustration is a man eating an enormous burger, and behind him stands an evil clown similar to the McDonald's clown (see attached image). Would that be legal? I think I've heard something about it being ok if it is in a satirical way. Anyone know?

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Fri, 04/19/2013 - 18:24
#1
EdWedig
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Joined: 09/15/2009
I am not a lawyer, and this

I am not a lawyer, and this is not legal advice, but I think you would get in trouble with that image. Even if it's satirical, you are using McD's trademark (the M), and colors on the clown, and would probably get sued.

Also, just because it's legal, doesn't mean you should do it. McD has tons of money to throw at a legal case, and could basically bankrupt you before it ever went to trial.

-Ed

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Fri, 04/19/2013 - 20:53
#2
questccg
questccg's picture
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Joined: 04/16/2011
Too similar to MacDs.

EdWedig wrote:
I am not a lawyer, and this is not legal advice, but I think you would get in trouble with that image. Even if it's satirical, you are using McD's trademark (the M), and colors on the clown, and would probably get sued.

I agree with Ed, you CAN'T use the M... You would need to transform it so that it does not resemble the trademark M. It could still be an M - but not the MacD's M... You could also make it a "W"... but still not the curvy M.

You might be able to get away with ANOTHER type of clown, maybe with balloons and such. But it cannot resemble Ronald (Yellow, White and Red). Make it look like Bozo the clown for example. It will be a harder *reach* but people will be able to figure out: Hamburger and a clown... Hmmm... Ya that's MacDs...

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Tue, 04/23/2013 - 19:28
#3
dabuel
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Joined: 04/13/2010
ok, thanks for the advice. I

ok, thanks for the advice. I guess I'll modify it "enough" to get away with it..
Thanks!

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