Nakasuway na mo sa MyJoy?

[archnacorda]

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Lami-an pa ko sa MyJoy compared to McDonalds. walay kalupig sa ilang tacos and mas daghan sila og choices. it is a filipino-taste based joint. lahi ra dyud sa McDonalds.

[sharkey360]

Lami-an pa ko sa MyJoy compared to McDonalds. walay kalupig sa ilang tacos and mas daghan sila og choices. it is a filipino-taste based joint. lahi ra dyud sa McDonalds.

The thing between MyJoy and McDonald's was the case at the Supreme Court.

Do you agree with MyJoy's explanation of its use of "MacJoy"?

In its defense, MacJoy insisted that it was the first user of the mark under the title "MACJOY & DEVICE" for its business in Cebu City which started in 1987, five years before McDonald's opened its first outlet in the same city. MacJoy stated that the requirement of “actual use” in commerce in the Philippines before one may register a trademark pertains to the territorial jurisdiction on a national scale and is not merely confined to a certain locality or region. It added that "MacJoy" is a term of endearment for the owner's niece whose name is Scarlett Yu Carcel.

Other than food and taste, the legal aspect is something that any local business should study.

[archnacorda]

The thing between MyJoy and McDonald's was the case at the Supreme Court.

Do you agree with MyJoy's explanation of its use of "MacJoy"?

In its defense, MacJoy insisted that it was the first user of the mark under the title "MACJOY & DEVICE" for its business in Cebu City which started in 1987, five years before McDonald's opened its first outlet in the same city. MacJoy stated that the requirement of “actual use” in commerce in the Philippines before one may register a trademark pertains to the territorial jurisdiction on a national scale and is not merely confined to a certain locality or region. It added that "MacJoy" is a term of endearment for the owner's niece whose name is Scarlett Yu Carcel.

Other than food and taste, the legal aspect is something that any local business should study.

if McDonalds is serious about protecting it's interests then why file the lawsuit after they established themselves in Cebu and why not before. They already were established in manila by the time MacJoy started. And why single out MacJoy? there are establishments using "Mac" or "Mc" as it's first syllable. Does McDonalds hold the copyright to the syllable "Mac" and "Mc" ?

I wouldn't be surprised if McDonald's flexed it's financial muscles and used it to influence the court decision. But the most important thing is that although MyJoy doesn't have the stature of McDonalds, it has a loyal clientelle in Cebu who finds their food much better than the cardboard tasting McDonalds menu. and BTW, Jollibee tastes better than McDonalds and is Filipino-owned as well.

[skyblue_lord]

MyJoy Cebu, Philippines <== online food orders share lang ko gamay


salig man gud na daghan kwarta ang mcdo mao dili jud na cla mu atras bisan unsa nga kaso.....

[sharkey360]

if McDonalds is serious about protecting it's interests then why file the lawsuit after they established themselves in Cebu and why not before. They already were established in manila by the time MacJoy started. And why single out MacJoy? there are establishments using "Mac" or "Mc" as it's first syllable. Does McDonalds hold the copyright to the syllable "Mac" and "Mc" ?

I wouldn't be surprised if McDonald's flexed it's financial muscles and used it to influence the court decision. But the most important thing is that although MyJoy doesn't have the stature of McDonalds, it has a loyal clientelle in Cebu who finds their food much better than the cardboard tasting McDonalds menu. and BTW, Jollibee tastes better than McDonalds and is Filipino-owned as well.

I think McDonald's targets food & beverage firms that use "Mac" or "Mc", probably to solidify their industrial presence and being unique among all the related players. They sued different firms that don't even belong to their industry though.

As for MyJoy, their "term of endearment" defense was so weak and illogical. "Macjoy" a term of endearment to a certain Scarlett Yu Carcel. There obviously was NO CONNECTION OR JUSTIFICATION at all.

As for territorial trademarks, while Macjoy was registered in 1987 (5 years before McDonald's arrived in Cebu), McDonald's arrived in the Philippines (via Manila) in 1981. Perhaps the Supreme Court thought about it (in addition to the international trademark aspect). Lastly, McDonald's was founded in 1940 and it registered its trademark decades before Macjoy was even conceptualized.

I like MyJoy's foods, thanks to its home cooking-taste. Their prices are lower but their serving sizes are much smaller.

Considering its strong local appeal, it's a wonder why it remains small in terms of number of branches. I think Parkmall is a good place for MyJoy.

MyJoy pulled the right moves with its food and flavors, but they fell flat on their faces all because of such a corny trademark "MacJoy". They will have to spend their years with that humiliating defeat in front of the Supreme Court.

[RiCLuM]

nkahinomdom dri nako gtreat ako mama og ako manghod sa first nakong sweldo.. hehehe

[RiCLuM]

lami ilang ice tea

[archnacorda]

I think McDonald's targets food & beverage firms that use "Mac" or "Mc", probably to solidify their industrial presence and being unique among all the related players. They sued different firms that don't even belong to their industry though.

As for MyJoy, their "term of endearment" defense was so weak and illogical. "Macjoy" a term of endearment to a certain Scarlett Yu Carcel. There obviously was NO CONNECTION OR JUSTIFICATION at all.

As for territorial trademarks, while Macjoy was registered in 1987 (5 years before McDonald's arrived in Cebu), McDonald's arrived in the Philippines (via Manila) in 1981. Perhaps the Supreme Court thought about it (in addition to the international trademark aspect). Lastly, McDonald's was founded in 1940 and it registered its trademark decades before Macjoy was even conceptualized.

I like MyJoy's foods, thanks to its home cooking-taste. Their prices are lower but their serving sizes are much smaller.

Considering its strong local appeal, it's a wonder why it remains small in terms of number of branches. I think Parkmall is a good place for MyJoy.

MyJoy pulled the right moves with its food and flavors, but they fell flat on their faces all because of such a corny trademark "MacJoy". They will have to spend their years with that humiliating defeat in front of the Supreme Court.

Nah, this is about the food and the taste, not about the name. And MyJoy understands what Cebuano tastebuds look for. As for the servings, I find MyJoy's burgers slightly bigger except when compared to the specialty sandwiches (Quarter Pounder and Big Mac).

Humiliating defeat? I think if McDonalds makes the court decision a PR tactic, it will surely backfire against them. Here is an international brand going after a local business. And for the courts to decide against the use of the syllable "Mac" and taking the side of a giant using "Mc" stinks of a payoff.

MyJoy scored a moral victory here. It's McDonalds that fell flat.

[sharkey360]

Nah, this is about the food and the taste, not about the name. And MyJoy understands what Cebuano tastebuds look for. As for the servings, I find MyJoy's burgers slightly bigger except when compared to the specialty sandwiches (Quarter Pounder and Big Mac).

Humiliating defeat? I think if McDonalds makes the court decision a PR tactic, it will surely backfire against them. Here is an international brand going after a local business. And for the courts to decide against the use of the syllable "Mac" and taking the side of a giant using "Mc" stinks of a payoff.

MyJoy scored a moral victory here. It's McDonalds that fell flat.

Hahaha. You sure sound like a Myjoy fanboy - defending the restaurant relentlessly, criticizing their competitor's food as "cardboard tasting", having no faith in the Supreme Court's decision, and declaring a so-called "victory".

It's also funny you sound like a certain neighbor of mine who dislikes the Western influence on the minds of Filipino consumers (not surprisingly, he's critical of McDonald's too).

Back to MyJoy, it's time to move to another interesting discussion - there's a certain burger listed on their menu but every time I asked for it, they kept on saying that they don't serve it. What's going on? What's with the burger's listing?

[archnacorda]

Hahaha. You sure sound like a Myjoy fanboy - defending the restaurant relentlessly, criticizing their competitor's food as "cardboard tasting", having no faith in the Supreme Court's decision, and declaring a so-called "victory".

It's also funny you sound like a certain neighbor of mine who dislikes the Western influence on the minds of Filipino consumers (not surprisingly, he's critical of McDonald's too).

Back to MyJoy, it's time to move to another interesting discussion - there's a certain burger listed on their menu but every time I asked for it, they kept on saying that they don't serve it. What's going on? What's with the burger's listing?

hehehe...and you sure sound like a McDonalds employee who yearns to become "employee of the month". How do you plan to do it - print this thread and submit it to your branch manager. Good luck to you then.

Lighten up, I like MyJoy better than McDonalds and I believe their food tastes better than McDonalds, and I believe they fell victim to a lousy justice system. Nothing you can do about that.