JOHN D. PELLEGRIN, PC

Even iconic brands and trademarks/trade names are subject to continuous scrutiny as well as litigation. Slathering a mark with “special sauce” and constant promotion does not always carry the day. The most recent example of long-promoted brands/marks not prevailing is McDonald’s (“McD”) and its “Big Mac” mark. McD recently lost before the European Union Intellectual Property Office (“EUIPO”) over a mark that was generally thought to be unassailable. McD may now have to consid

Some fast food for thought: there are virtually no “Wendy’s” fast food retail restaurants in Europe. Why? Well, it's the result of many years’ experience of Wendy’s with international franchising, as well as losing out to a local independent Dutch fast food entrepreneur back in the 1990s. Wendy’s abandoned its trademark in Holland after the independent registered the trademark “Wendy’s” in Holland and the Benelux region. The mainstream Wendy’s tried to oust the Dutch Wendy’s