Mcdonald's Corporation v. Druck And Gerner, Dds., P.C., D/B/A Mcdental

814 F. Supp. 1127 (1993)

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Nature of the Case

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Facts

P operates over 8,000 fast-food restaurants in the United States. Ds provide dental services under the name 'McDental.' They have operated under this name since the business opened on March 20, 1981. Shortly after opening in 1981, Ds obtained a state service mark for the name 'McDental' from the State of New York. Ds did not receive a federal trademark for 'McDental.' P alleges that it first learned of McDental in 1987 and that it quickly communicated its concern. P initiated this lawsuit on August 30, 1990, alleging trademark infringement pursuant to 15 U.S.C. §§ 1114, 1121 and 1125, dilution of business. D claims that any infringement alleged to have occurred would have had to commence in 1981 when D began using the name 'McDental,' and that P had notice of such use. D asserts that in 1981 P's family of 'Mc' marks combined with generic words was not substantial enough to entitle it to enjoin the use of 'McDental;' that even if it were, there is no likelihood of confusion. D claims that action is barred under the doctrine of laches.