Day 144 - 28 Jun 95 - Page 66

     
     1   MR. MORRIS:  Something completely different.  Do you know the
     2        paper Corporate Legal Times?
     3        A.  No.
     4
     5   Q.   You have never heard of it?
     6        A.  No.
     7
     8   Q.   Have you heard of an article by Bruce Rubenstein in the
     9        Corporate Legal Times?
    10        A.  No.
    11
    12   Q.   Are you aware of an interview given by Shelby Yastro, the
    13        Senior Vice President and General Counsel of McDonald's
    14        Corporation, about his theory of intellectual property?
    15        A.  No.  I would not be interested in that at all.
    16
    17   MR. JUSTICE BELL:  What are we on now?
    18
    19   MR. MORRIS:  We have just gone to McDonald's trademark.
    20
    MR. JUSTICE BELL:  What does this relate to?
    22
    23   MR. MORRIS:  This is the famous Mc.
    24
    25   MR. JUSTICE BELL:  What are you on Mc for?  What is the point of
    26        it?
    27
    28   MR. MORRIS:  Well, it is relevant to the headlines in the fact
    29        sheet.
    30
    31   MR. RAMPTON:  No, my Lord, I addressed your Lordship on this the
    32        other day.  It is not admissible evidence.
    33
    34   MR. MORRIS:  It is admissible evidence because if a writer --
    35        well, if the prefix "Mc" has become a shorthand for
    36        anything generic ----
    37
    38   MR. JUSTICE BELL:  What do you mean "anything generic"?
    39
    40   MR. MORRIS:  That is what Mr. Rubenstein said in his article.
    41
    42   MR. JUSTICE BELL:  I have never heard of Mr. Rubenstein.  I do
    43        not know whether the average member of the big British
    44        public would have heard of him or the magazine to which you
    45        have referred.  Is it an English magazine or an American
    46        one?
    47
    48   MR. MORRIS:  It is an American magazine.  He did an interview
    49        apparently with Shelby Yastro about their trademark.
    50        I mean, I was not going to quote directly from the article, 
    51        but if ---- 
    52 
    53   MR. JUSTICE BELL:  Whether it is strictly permissible or not,
    54        what I do not mind you putting to Mr. Stein what you will
    55        suggest to me in due course the significance of the "Mc"
    56        will be.  Mr. Stein will give such answer, if he has
    57        anything positive to offer at all on it, and in due course
    58        I will see whether that helps me or even whether it is
    59        allowed to help me which Mr. Rampton will address me on.
    60        You can you can put it quite shortly.