Page:Quality Inns v. McDonald's.pdf/18

 Circus, because it offers many free attractions. The American Language by H.L. Mencken (4th Ed. Abridged with Annotations and Material by Raven I. [appropriately] McDavid, Jr.), at pages 388–89.

Both Mr. Hazard and Mr. Mosser acknowledge that the aspect of “Mc” that includes consistency and convenience derives from McDonald’s and its extensive promotional efforts. They urge, however, that any such association with McDonald’s is now lost to the public domain by common usage.

In support of the contention that “Mc” as a prefix has derived a singular meaning and become part of the language, Dr. Roger W. Shuy, a linguist from Georgetown University, reviewed hundreds of journalistic uses of the prefix “Mc” for purposes of deriving its meaning and to evidence it common usage. Several examples will give a sampling of the broad range of his findings.

The term “McFood” has been used as follows: “It’s a push-button, do-it-yourself, convenience-oriented world. … Why cook when we can zap a Lean Cuisine in the micro, or order McFood from a drive-in McSpeaker.” Similarly, the word McLunch has been used for what kids are eating in school.

In the area of clothes, McFashion has been used in connection with smaller, specialized express stores for kids, imitating the concept of a fast food outlet.

McMedicine has been used to refer to prompt, inexpensive medical care centers, and McSurgery becomes surgery without overnight hospital stays.

McLaw has been used to describe the legal franchise phenomenon, suggesting that legal advice is dispensed through drive-in windows. Describing franchising in other areas have been McFuneral for funeral operations; McLube or McOil Change for the fast, little drive-in shops offering ten-minute oil changes; and McMiz for franchising of the Broadway musical “Les Miserables.” Even the franchising of local post office branches has been suggested to become McMail, and franchised tax preparation as McTax.

In the news and media area, USA Today has been characterized as McPaper, “fast news for the fast-food generation.” There was even a book called The Making of McPaper. The distillation of books or books without substance has been referred to as McBook, and similar characterizations have been made about digested news stories, McNews.

Even culture that has been subjected to mass marketing has been characterized with the prefix “Mc.” The proliferation of low-cost mass-produced art is McArt. One article even referred to McMozart.

Movies that are analogized to fast food which satisfy the appetite and taste good have been called McMovies or McCinemas. Similarly, there is McTelevision, McTelecast, and McVideo.

No subject seems to have been excluded. In connection with religion there has been a reference to McGod: “It was a difficult year for the McGod family network. [Jimmy Baker, Jimmy Swaggart, and Jerry Falwell] fought a major turf battle over control of the PTL McTelevangelism.”

One article perhaps summarized it all, “This is the era of instant gratification, of poptops, quick wash, fast fix, frozen foods, McEverything.”

A news report placed into evidence referred to the trial before this Court as taking place in the McCourt, which, of course, would make the judge the McJudge. While the Court understood that association with the Courthouse in Baltimore, it could not come to grips with the suggestion that the trial was before a McJudge. The Court could find few, if any, of the attributes of “Mc” used by McDonald’s or by the journalists otherwise to fit. Perhaps this McPinion will fulfill that prophecy.

After reviewing these articles and numerous others, Dr. Shuy reviewed the context of the “Mc” word and derived a list of 27 definitions for the prefix “Mc”: highly advertised; franchise; easy access; inexpensive; high volume; lacks prestige,