Everytime I see a McDonalds post, I see the thumbnail is saying that they don't like us taking screenshots.
Is there a story behind this? Is this some funny ozbargain meme?
Or did they actually tell ozbargain to not post screenshots? If so, why do we comply? e.g. the latest McDonalds deal doesn't even link to the McDonalds website, it's a link to facebook! Couldn't we just had a thumbnail / screenshot of the facebook deal?
Yep. It's called a McInfringement.
We should've just told them to get McF***ed lol
Mind your own McBusiness if you know what's good for you ;)
Look at this guy, what a McMuffin!
Once upon the time McDonald's deals were banned on OzBargain as they complained about trademarks. Email from their AU Vice President in 2009:
Your website is currently displaying McDonald's registered trademarks without permission.
Please have scotty contact me to discuss as soon as possible to avoid any further action being commenced.
We then unbanned Maccas 3 years later because I thought it was a good time to move on. Then another 3 years later they sent a cease & desist via an intellectual property legal firm. I actually had to contract out to a lawyer to deal with it, arguing that mentioning their trademarked business name or products is not an infringement. However screenshots containing their logo or product is still a copyright issue, so we get to keep publishing McDonald's deals, but cannot take the screenshot as a way to get around it.
Same thing with Subway?
Yup, and CarSales.com.au.
Does McDonald's have any idea how much revenue ozbargain generates for them?
I would have spent hundreds over the past few years because of this website!
what a pack of arseholes…… it's promoting people to go and spend money in their stores.
not sure of the legal aspects of it, but i can't see how this site is making any financial gain from "posting" their logo or product pictures.
still, better dead than smeg.
Out of curiousity did the cease & desist letter name ozbargain? Assuming you're trademarked, that would be pretty hypocritical.
What a bunch of clowns.
Phone is not fine
It's a fine line - you can lose ownership of a trademark if you don't prevent unauthorised use.
https://www.ipaustralia.gov.au/trade-marks/managing-your-tra…
Presenting a screenshot of a deal in an app isn't unauthorised use, ridiculous.
Having dealt with "legal threats" over the last couple of years, you'll find that "trademark infringement" is usually just convenient excuse for merchants to ask the websites to take down undesirable content. We aren't even in the business of selling burgers and fast-food, and don't pretend ourselves to be MCD. Just mentioning your trademarked name on a public visible page isn't an infringement.
On the other hand, logos, web designs, product images etc are copyrightable martial. As OzBargain takes screenshots of every deal posted (without asking for permission first), we are in some sense infringing the copyright. "Fair use" usually gets website owners out of trouble, except we don't really have that in Australia. It's just that most companies aren't spiteful enough to use it against websites.
Yeah it seems ridiculous and petty of the scary clown company who shall go unnamed.
At least Gerry doesn't mind!
What if the OzBargain professionals all took photos of their limp meals and submitted those to a database for use? Sure exact combos wouldn’t be pictured but the main item of the meal could be?
That is a creative and appropriate response. And yes, I am a petty, petty person.
Flashbacks of that scene in 'Falling Down'
https://youtu.be/hlzm7-gvTRg?t=203
signed,
a Professional.
That's a great idea! Maybe when a McDonalds deal appears, users should start submitting pictures of the deal item.
You can bet that the vast majority of phone photos of fast food are going to lood… rather flattering
Apparently, they've complained about copyright/trademark infringement to admins here so Scotty chosen to comply instead of getting sued which makes sense.
It seems as some point they even disabled being able to screenshot within their app although works for me now so maybe they relaxed that since.