McDonald's Russia fears are realized: Meet 'Uncle Vanya's'

bnew

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McDonald's Russia fears are realized: Meet 'Uncle Vanya's'

March 16, 2022 01:33 PM

When McDonald's shuttered its Russian stores, worries arose that they'd be reopened under different—and far from McDonald's-approved—management. Apparently those worries were well-founded.
ALLY MAROTTI


Bloomberg

UPDATE: Uncle Vanya isn't the only threat to Russian McDonald's

Step aside McDonald’s, Uncle Vanya is ready to step up to the griddle.

Since the Chicago-based fast-food giant shuttered its nearly 850 stores in Russia last week amid the war in Ukraine, fears have circulated that Russian parties might try to infringe on McDonald’s trademark.

It didn’t take long.

An application was filed in recent days with the Russian government to trademark a logo for a restaurant chain that turns McDonald’s signature Golden Arches brand on its side, along with the words "Uncle Vanya."

Trademark experts began discussing the potential last week that Russia might reopen shuttered McDonald’s locations. Russia’s Ministry of Economic Development had said earlier this month that it was considering lifting restrictions on trademarks for companies that had stopped doing business there. It also essentially legalized patent theft from parties affiliated with “unfriendly” countries.

The debacle threatens 30 years of brand-building in Russia for McDonald’s.

Theoretically, the reopened restaurants could sell burgers branded as Big Macs, but it would not be the same food. Experts say that could confuse consumers, and that confusion could continue when McDonald’s reopens its stores or takes control of them again.

Trademark lawyer Josh Gerben tweeted about the Uncle Vanya’s application. He notes the words “Uncle Vanya” accompany the McDonald’s logo in the application.



McDonald’s opened its first location in the then-Soviet Union in Moscow’s Pushkin Square in January 1990. Tens of thousands of people lined up for hours to get their first taste of the West. As such, many say the Golden Arches have become a proxy of sorts for America and globalization.

Some had predicted McDonald’s might fall victim to anti-American sentiment even before Russian President Vladimir Putin invaded Ukraine more than two weeks ago. The Chicago-based company shut down its 108 stores in Ukraine in short order after the war began, but it held on to its Russian stores even amid mounting pressure.

Sales at those locations in both countries represent about 9% of the company’s overall revenue, so closing them was a hit to the company's top line. McDonald’s continues to pay the salaries of its workers in Ukraine and its 62,000 Russian employees. Executives have since said the company will lose $50 million each month the Russian stores are closed.

Experts have wondered how long it might take McDonald’s to regain Russian consumer trust once—and if—it reopens its locations in the country, 84% of which are company owned. If Russia does lift trademark restrictions, that question is further complicated.
 

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For McDonald's, a new Russian trademark headache

March 17, 2022 10:34 AM
For McDonald's, a new Russian trademark headache
As fears of trademark infringement surround McDonald's shuttered Russian locations, several applications have been filed with the government there using McDonald’s name or signature Golden Arches.
ALLY MAROTTI


Bloomberg



Uncle Vanya’s was just the beginning.

In recent days, several trademark applications have been filed with the Russian government using McDonald’s name or signature Golden Arches. Crain’s reported yesterday that one application was for a logo that flipped McDonald’s brand on its side, accompanied by the words “Uncle Vanya,” the name of a Russian play first published in the late 1800s. There have also been applications for McDuck, which is Russian slang for McDonald’s, and just the word “McDonald’s.” See the applications below.


“I would anticipate we’re probably going to see more of it,” said Josh Gerben, a Washington, D.C.-based trademark lawyer who has been following the applications and working with a Ukrainian lawyer to translate the filings.

Concerns over potential trademark infringement began circulating after McDonald’s shuttered its nearly 850 stores in Russia last week amid the war in Ukraine.

An application was also filed for “Starbucks,” Gerben said. Like McDonald’s, Starbucks temporarily closed its stores in Russia.

Russia’s Ministry of Economic Development had said earlier this month that it was considering lifting restrictions on trademarks for companies that had stopped doing business there. It also essentially legalized patent theft from parties affiliated with “unfriendly” countries.

Since then, a Russian court ruled that popular cartoon Peppa Pig can be copied by businesses in the country, with no threat of punishment for trademark infringement, according to reports.

“The trademark applications are people trying to jump on intellectual property that Russia has indicated may no longer be valid in the country,” Gerben said. “The trademarks are only good as long as the government says they are and as long as the courts say they are.”

There is no evidence that any of McDonald’s shuttered locations have actually reopened. But trademark applications could be a first step.

The unfolding situation threatens more than 30 years of brand-building in Russia for McDonald’s. Now that trademark applications are filing in, a look at what this all means for the Chicago-based company is starting to take shape.

With a trademark for “McDonald’s,” someone could theoretically reopen the fast-food restaurants and sell burgers branded as Big Macs, but it would not be the same food. Experts say that could confuse consumers and weaken McDonald’s brand.

However, if the Russians were to reopen a McDonald’s location as an Uncle Vanya’s, that might not be as damaging to the company’s brand, Gerben said. In that scenario, it is clear to consumers that McDonald’s is no longer operating that restaurant.

Still, that precedent drastically hinders McDonald’s ability to regain control of those locations and could dampen the company’s desire to continue operating in a country that has no regard for its brand.

“You just never know when your restaurants are going to get seized and run by the government,” Gerben said.

McDonald’s opened its first location in the then-Soviet Union in Moscow’s Pushkin Square in January 1990. The Iron Curtain had just fallen, and tens of thousands of people lined up for hours to get their first taste of the West. The Golden Arches have become a proxy of America and globalization.

Some had predicted McDonald’s might fall victim to anti-American sentiment or backlash from the Russian government, even before President Vladimir Putin invaded Ukraine three weeks ago. The company shut down its 108 stores in Ukraine in short order after the war began, but it held on to its Russian stores even amid mounting pressure.

Sales at those locations in both countries represent about 9% of the company’s overall revenue, so closing them was a hit to the company’s top line. McDonald’s continues to pay the salaries of its workers in Ukraine and its 62,000 Russian employees. Executives have since said the company will lose $50 million each month the Russian stores are closed. McDonald's representatives did not immediately respond to a request for comment.





 

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