A Cease and Desist Letter to McDonald’s from my Attorneys

July 11, 2012

Ronald McDonald
McDonald’s Corporation
2111 McDonald’s Dr
Oak Brook, IL 60523

Dear Mr. McDonald:

It has come to our attention (The Attention) that you have been marketing (The Marketing) your McDonald’s franchises (The Franchises) as a source of healthy food (The Food), via a television commercial, using a likeness (The Likeness) of a goat named Heath (The Goat) that is owned by our client, Mr. Steve Warner (The Client), who is the author (The Author) of a blog entitled The Brown Road Chronicles (The Blog).

Our client, “The Client”, owns the Copyright, Trademark, Registration, Licenses and Rights to any and all usages of “The Likeness” of “The Goat” in any forms of media, including television, radio, internet websites, cereal boxes, Twinkie advertisements, etc. As permission was neither asked for nor granted to use “The Likeness” of “The Goat” we declare that your using “The Likeness” of “The Goat” constitutes infringement of the rights of “The Client” and “The Goat”.

“The Client” finds this infringement a despicable violation of the key principles of Copyright, Trademark, Registration, Licenses and Rights and as evidence of the infringement of  the rights of “The Client” we are providing as part of this letter, the following photographic documentation:

Exhibit A: Showing clearly and unquestionably the resemblance between “The Goat” owned by “The Client” and “The Other Goat” used in the McDonald’s commercials.

In terms of the Copyright, Trademark, Registration, Licenses and Rights Statutes, “The Client” is entitled to an injunction against your continued infringement, as well as to recover damages from you for the loss “The Client” has suffered as a result of your infringing conduct.

In the circumstances, we demand that you immediately:

1. remove all infringing content from your TV commercials and notify us in writing that you have done so;
2. pay a licensing fee in the amount of $5,000. (Five Thousand Dollars);
3. immediately cease the use of “The Clients” copyrighted images;
4. undertake in writing to desist from using any of “The Client’s” copyrighted images in the future without prior written authority from “The Client”;
5. immediately begin supplying “The Client” with one year’s worth of free French Fries and Big Macs as well as supplying “The Goat” with one year’s worth of free Twinkies.

We trust that you will regard this letter with all due seriousness and respond accordingly. We await to hear from you by no later than the 1st of August Two Thousand and Twelve.

This is written without prejudice to our rights, all of which are hereby expressly reserved.

Yours faithfully,

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23 Comments

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23 responses to “A Cease and Desist Letter to McDonald’s from my Attorneys

  1. You have a real live goat? That’s awesome!!!!

  2. Bahahhahahah..who knew goats liked twinkies?

  3. I’d love to get in touch with your lawyer firm as I believe they would do a wonderful job representing myself and my cat in a suit against the Friskies Corporation. I believe that the Friskies Corporation has been using the likeness of Mo Kitty for several years. If your injunction goes thru, I feel that I would have a reasonable chance to claim compensation for Mo kitty.

    Sincerely
    Alice and Mo Kitty

  4. bigsheepcommunications

    Your evidence is indisputable – that goat is clearly a depiction of Heath. Are you sure Heath didn’t cut a secret deal with McD’s?

  5. I think you should also sue for the derogatory way McDonalds has depicted your house in the photograph above. Your lovely two story house has morphed into a barn!

  6. I really can’t get over the fact that your goat eats Twinkies! I think you should ask for a lifetime of free fries though. Otherwise, your body will go into french fry detox after your year is up…

  7. My word – it clearly is the same goat. I think you have a case (and a case of twinkies 🙂 )

  8. You definitely have a case.

  9. They stop at nothing. That clown is unquestionably Raggedy Anne in a golden jumper. I tried to sue them over that, but it turns out I don’t own any rights to Raggedy Anne. Who knew? Go get ’em, Steve!

  10. Pingback: An Ode from Naughty to Heath | The Brown Road Chronicles

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