McDonald's Corp. v. Druck and Gerner, D.D.S., P.C., d/b/a McDental

814 F. Supp. 1127 (1993)

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McDonald’s Corp. v. Druck and Gerner, D.D.S., P.C., d/b/a McDental

United States District Court for the Northern District of New York
814 F. Supp. 1127 (1993)

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Facts

McDonald’s Corp. (plaintiff) is a restaurant corporation that with its franchisees operates over 8000 McDonald’s locations in the United States. McDental (defendant) was a dental services provider operated by two dentists, Dr. Druck and Dr. Gerner, that operated two dental offices in New York and Vermont. McDonald’s sued McDental for trademark infringement. McDonald’s presented evidence that it owned trademark rights in a family of marks beginning with the prefix “Mc,” that there was widespread public familiarity with that family of marks, and that survey evidence established that confusion was likelihood to occur from the use of the McDental name. McDental’s owners denied any intention to evoke McDonald’s marks in their adoption of the McDental name, alleging that they had never perceived or heard anyone else perceive an association between the two marks.

Rule of Law

Issue

Holding and Reasoning (Scullin, J.)

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