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McDonald's should get a dictionary and look up "trademark"

McDonald’s misunderstands the nature of dictionaries: that is, to observe the language as she is spoken and document her. McDonald’s is up in arms over Merriam-Webster’s inclusion of “McJob” in its current edition. Naturally, McD’s has trumped up a completely groundless trademark claim to back this up. Trademarks don’t let you control how people speak — they only allow you to stop other commerical outfits from confusing your customers; certainly, they don’t give you the power to stop the reporting of the fact that English speakers use “McJob” to describe a crappy job.

Walt Riker, a spokesman for McDonald’s, said the Oak Brook, Illinois-based fast-food giant also is concerned that “McJob” closely resembles McJOBS, the company’s training program for mentally and physically challenged people.

“McJOBS is trademarked and we’ve notified them that legally that’s an issue for us as well,” Riker said.

(Note: Every time I post here about trademarks, I get a flurry of emails from people patiently “explaining” to me that you need to sue everyone who utters your trademark or risk losing it; without covering ground I’ve run over before, suffice it to say that this is wrong, and it’s a fairy tale that trademark lawyers scare their clients with in order to drum up more business, and I don’t care if your in-house counsel or nephew-in-law-school swore it was true, it’s not. Really.)

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