The former host of a woodworking show on Boston’s WGBH claims in a lawsuit filed Sunday that the station is infringing on his trademark and profiting from his image after it started a new season of the show with a similar name but different host.
[Update: WGBH filed a countersuit in June 2018.]
Thomas MacDonald hosted the show Rough Cut: Woodworking with Tommy Mac for seven seasons from 2010 to 2016, according to the lawsuit. After seven seasons, WGBH did not renew MacDonald’s contract for an eighth, and MacDonald believed the show would end, the lawsuit said. However, it returned for Season Eight this month with new host Tom McLaughlin under the name Rough Cut with Fine Woodworking.
The lawsuit calls the new show a “confusingly-similar (sic) intentional imitation” of Rough Cut: Woodworking with Tommy Mac and says advertisements for the new show have used MacDonald’s name, image and trademark without permission.
“Defendants are attempting to and have deceived the public into believing that Plaintiff MacDonald is the originator of the Defendants’ new show, and is participating in it, endorsing it, and sponsoring it,” the lawsuit said.
The lawsuit also asserts that WGBH and Laurie Donnelly, the station’s EP of lifestyle programming, registered a trademark “in violation of Plaintiff’s rights and intentionally misled Plaintiffs about the registration.” The lawsuit claims MacDonald had rights to the name through a common-law trademark.
The lawsuit seeks to have the court cancel WGBH’s registered trademark for “Rough Cut” and to have the station discontinue use of the words “Rough Cut,” “Tommy Mac” or “Season 8” to promote any woodworking show. It also asks the court to prevent the use of MacDonald’s image.
The lawsuit also seeks to require WGBH to include written and oral statements in eight episodes of the new Rough Cut that say in part that MacDonald is not associated with or sponsoring the show.
MacDonald’s lawsuit names as defendants Donnelly, the WGBH Educational Foundation and The Taunton Press, a partner with WGBH on the new show. It seeks unspecified damages and attorneys’ fees.
Update: Current did not contact WGBH for comment prior to this article’s publication. A WGBH spokesperson sent Current this comment Thursday:
“The claims in this case have no basis in fact. WGBH has in no way suggested that Mr. MacDonald is involved with our new production. Our agreement makes clear that WGBH owns the series title and all other trademarks relating to the series. We hope to be able to resolve this issue.”
Sounds to me that Tommy Mac is trying to extort Public Television for money after they decided not to bring him back for season 8. I suppose filing bogus lawsuits is an easier way to earn money than actually working.
Rough Cut is Tommy’s show and the station should have had a new name since they had a new host. I hope Tommy has a new show on another network since he was such an inspiration to me in my own at home business. The network should have known better.
it would seem to me that Tommy does have a case, tho I haven’t seen the legal terms of their agreement. Tommy started the Roughcut show well before WGBH got involved. He was known before this association. I think he ought to win, and I hope he does!
Agree, it’s Tommy Mac’s show
Hey Butch, obviously you don’t know the show: The rest of us do. “Tommy Mac” IS a registered trademark name with the USPTO (US Government Copyright Office) and it is short for Tommy McDonald. The NEW host is Tommy McLaughlin who calls himself “Tommy Mac” – and he was a guest on the show in season-7. McLaughlin even tired to dominate the show and to guide cameras away from Tommy McDonald who was the real host and as McLaughlin moved in, McDonald was trying to sway the cameras back to the correct host. It is McLaughlin who approached the network to suggest that HE take over in season-8 and without McDonald thereby stealing the show away completely. So before you yell around here about McDonald, I think you should know the real history of this thing. It IS McDonald’s trademark and HIS show also. The producer and the station is being sued rightfully and McDonald should win and come back into his own show as Rough Cut because the show was named by him in the first place. The station is stealing the show away, which is what TV stations do when they think they can bully a host or a talent. I have seen this many times happen. They tried to steal music albums this way too by re-recording the music from a concert then selling it as their own from a TV station and playing the music on their own radio station. It’s called trademark and copyright infringement, and it’s a theft on Tommy McDonald. Before you criticize McDonald, you need to know what you’re talking about, Butch! Butch YOU need to get more knowledge about this before you criticize it.
Yeah..I totally agree..and I don’t do Any woodwork…but love to see REAL talent.. AND NOT THE NEW HOST (current host BORING!).
Both hosts were boring. Tommy had to bring in his friends to make it less boring. It didn’t work!
Tommy Mac quit. Not fired …he quit.
This guy is seriously suing PBS after they decided to move in a different direction with the show? Try getting a different job Tommy Mac instead of filing frivolous lawsuits. This is why we need lawsuit reform in this country.
Thanks for all you do PBS keep it up. I hope you crush this clown.
It was his show, his name and his creation. He started it on Youtube. PBS stole it!
I agree with Tommy Mac. I just tuned into the show today and was surprised to see that Tommy Mac was not the host. If PBS wanted a new show they should have named it something else. I hope that another station will pick up his show.
Yes, yes it was… I tuned into the new show and thought… what is going on… he calls himself Tommy Mac…. but … he doesn’t look like him. Not the same energy, not the same new shop built for the show, not the same guy who started Rough Cut on the Web years before PBS. sheesh… fair is fair… that 10 year thing companies do… 10 years plus, people start to cost too much… it’s a damn shame!
Different direction for the show? How can you even suggest that when he’s exactly was singing except a different host?
Richard Richard Richard seriously if Tommy Mac tried to use his name on a new show I guarantee you the PBS will try to Sue the crap out of him. record company did the same thing the Creedence Clearwater Revival John Fogerty was drug through court for years the claim of the record company was he sounded too much like himself
Good lesson for TV and multimedia companies. Don’t let the host trademark the name of your show. You may run into legal troubles if you want to continue the show with a different host. Good lesson for hosts, too. If it’s your show, make sure you trademark the name of your show. This way, you’ll be able to stop the producer of your show from moving on with a different host, without you.
Andrei Mincov
Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable, guaranteed result, for a predictable, guaranteed budget. We can help you register your trademarks with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.
I enjoyed watching the show with Tommy Mac. He brought a lot of humor to the show. It’s a shame PBS did not renew his contract….was there a reason given? Simply change the name of the show with the new host and avoid going to court. Matter solved. We woodworkers will miss Tommy Mac!
I totally agree on toms side,they should have started a different show without referring to the former show at all.i will miss tommys show and hope to see him surface with another show of his own.
Tommy Max personality and history made the show. He created it and PBS should be sensitive enough to respect his originality and use a different name and set up. The new host is a great guy. Give him a new name to the show
I liked Tommy Mac and looked forward to his show. He had personality. That was his show. I hope they put him back on ‘his show next season. I won’t be watching the new guy.
I was so excited when I saw on my DVR new “Season 8” episodes of “Rough Cut with Tommy Mac”. I hit the play button on episode one (1), and when it began playing with that new host I thought something was up. I looked back at my DVR information, and sure enough, the “Rough Cut” name, Tommy’s picture and everything appeared just as in previous recordings. I began to dig deeper and found that PBS had infringed on his “creative intelligence”, and was attempting to make regular viewers believe it was the same show. Even the many of the opening screen shots were the same as previous seasons. I am not necessarily opposed the the new host, but about 60 seconds was all I watched or will watch. If PBS should change the name of the program, then I would probably watch the new program episodes. I hope the courts have enough integrity to award in Tommy Mac’s favor, as clearly this is theft of intellectual property.
PBS clearly INFRINGED on Tommy Mac and his Original show name. Did PBS really think they could sneak by with a different host with a name so close to Tommy Mac by bringing in Tom McLaughlin ???? Even a third grader can see the INFRINGEMENT in this case.
I have nothing against either host, but PBS has clearly stepped on it BIG TIME ! ! !
New show, New host … you had better come up with a COMPLETELY NEW NAME instead of stealing part of the old name. CLEARLY a name Infringement in this regard !!!
PBS .. SHAME ON YOU !!!
I love watching this show when season 8 premiered I was happy to see what he was going to do this season and to find out it’s a different Tom not happy this is what these big corporate giant’s do they seen how many people where watching him on YouTube and bring him over to public tv for a few years and get rid of him and profit off of him and saying their not. All I have to say is Tommy Mac sue the hell out of them they deserve it
I enjoyed the series and host and was confused when I watched season 8. Took me a bit to figure out what I was watching. The TV set or decor are similar but definitely modified and no offense to the replacement host…not really engaging or interesting. Personally, WGBH and PBS have lost a viewer of the series and its unfortunate. I can’t see that this series will generate a season 9. Oh well…good luck to Tommy and his law suit.
I miss Tommy Mac he has a great presence. I hope he comes back with a new show it would delight his fans.
I was looking foward to a new season of Rough Cut with Tommy Mac in his new shop. I was curious to see if that second floor was going to work for him. A Florida thunderstorm ran me inside today, (normal for summer) and thought I’d watch a few of the new Rough Cut episodes my DVR recorded. I had 13 in the box. Notice I said HAD. My DVR didn’t know the difference, but I did. All gone with the push of one button. I’ll edit my programs to record later. Maybe Tommy MacDonald and HGTV will get together. I hope he wins the lawsuit.
I was waiting to see how he could balance his projects downstairs with the area he created upstairs with the natural sunlight for his wife to paint by. Such passion went into that project.
New guy, by-bye.
Tommy, love to you and yours… Miss you.
I don’t KNOW any of the particulars to this case, but I was also disappointed when I tuned into “Rough Cut with Tommy Mac” and saw, well, no Tommy Mac. From a casual observer it appears as though WGBH is trying to profit from this name and should not be allowed to do that. The fact that they now have a host named Tom McLaughlin so they can still use the “Tommy Mac” terminology seems deceitful on their part. I also agree that this new fellow, while technically proficient, is about as much fun to watch as paint drying. This is a situation which should and could have been avoided. Hey Tommy, I’m sure you’ve been wronged, but having said that I also know you’re an impassioned Irishman from Southie, so c’mon can’t you compromise as well (just a little) and work something out to get back on the air? I miss you on this show and thought the guests and helpers you brought on board were awesome. Good luck, buddy slainte
The new show is dreary and its hosts are wooden. No comparison. Won’t watch it, again.
Same here! I thought a new season was starting and found a completely different show. What dirtbags!
I felt cheated. Loved the old show. Do not like the new host. Shame on PBS.
The new show is mutcy better. I liked the old show but Tommy Mac was a bit painful to watch. He is a bit of a flake. He seemed to really make his guests uncomfortable with his adolescent comments and attitude.
I don’t know anything about the Trademarks or infringements, I do however know that the show is not as good with Tommy Mac gone!
Won’t be watching the new episodes!
Good luck to ya Mac!
I’m glad the 1st host is gone. Couldn’t care less about building his dream shop. I want projects I can build. Always thought Tom Mac laughlin was a superior woodworker and host. Sorry if it stepped on his toes but that’s the way woodworking is. Make it, show and somebody, maybe me, will copy it. Get over it Tommy. Go back to boring others with your home projects.
I just watched my first episode of season 8. I was surprised when I saw it. The format has changed. To me it was quite boring as well. Bad grammar, mysteriously completed steps, and just generally boring. I used to look forward to the next episode with Tommy Mac. I will not do the same with the new series. I guess If I see it on I might watch it but I won’t specifically set time aside to watch.
Tommy Mac is an average guy, like myself and many others, but with good woodworking skills and a fun outgoing personality. I liked that. Not so dry and cookie cutter precise. Fun to watch.
I see too many parallels in the new show. Quite deceptive. I don’t enjoy it near as much. Seems like all the other dry over equipped woodworking shows. Equipment I can neither afford nor have space to have it. The difference was Tommy Mac, he was entertaining .
Just watched new episode of rough cut on PBS. WTF. I’m selling my Subaru and voting for Trump. Oh yeah and I’m done watching PBS.
I watch both and learn from each. I made the drop leaf table for my daughter that Tommy I and Eli did. I made foru kitchen stools using some of the items Tommy II used in his A & C side chair build. I developed a different jig to make the angled shoulders for stretchers on the chair legs. Tommy II used the miter jig on his table saw. Different approach to solve problem, worked out fine for me. Looking forward to a new season of good woodworking.
Really enjoyed original Tommy Mac; his older cohorts, constant chatter and general deportment were all essential to the makeup of the whole. A very enjoyable respite in a large pool of nothingness which is Television Today. This seems the general path of current television production. Those of us who still have functioning minds and mores regret the passing of the Garroways, Kovacs and their ilk.
Now called Rough Cut with Fine Woodworking. What were they thinking! Tom McLaughlin maybe a great woodworker and teacher, but boring! The guy has no personality. Its more interesting and fun to watch paint dry then watch him. They sure lost me as a viewer.
If I never hear this guy’s 90 mph non-stop yapper or his fake/forced laugh again, it’ll be too soon.
Glad they made the change.
I think Tommy 2 has more skill than the original Tommy. But Tommy just built his new workshop and was cut. I wonder if his insistence to build a shop and not furniture his last season was why he was cut?
The show is now much more like “New Yankee Workshop” was. Very good!
I was totally confused when I tuned into this season’s series on “Rough Cut.”
It looked like the right program, but the wrong teacher. Actually, he reminds
me of Bill Clinton, ie, (the former President.) Actually, I like both programs.
They are totally different in pace, but for me, equally interesting. Tommy is
fairly wound up, and Tom is quite mellow, and being the person I am, I can
enjoy both. My only problem is with the way the change was executed . I
saw nothing about the change at the beginning of the eighth season and
wondered what happened to Tommy Mac and his new shop. I’m still
wondering. I’m sensing a communication breakdown between Tommy Mac. and PBS and I’m hoping that it can be amicably resolved. I enjoy both of these programs. The one I dislike, whose name escapes me, is the older couple who do woodworking together. Everything he does is perfect, so
he says, and he has a rather condescending attitude in general. What really
keeps me from watching the program is that he is condescending to his
wife. That is just not acceptable.
I’ve been woodworking for almost fourty years and from time to time I find someone that inspired me. Tom McDonald, Norm Abraham and Scott Phillips inspires me. The new show is boring and uninspiring.
I also feel the show management tried to pull a fast one. If they were not happy they should have told him so, and from what I understand the name was Tommy McDonald’s name and they should have offered to purchase the rights to Rough Cut. I’ve been a Fine Woodworking subscriber for many years and I’m disappointed they bought into this. I have roughly 80 employees and when it needs to be done, I don’t just replace an employee, I first cleanup the very hard part.
I hope Tommy McDonald gets another show and I’ll be watching it.
These comments are made based on what I’be read on-line.
This is the reason I no longer support WGBH
I recall when I first watched the 8th season opener, I was puzzled to see the guest be referring to himself as Tommy Mac. I don’t even recall finishing watching the episode. I enjoyed Tommy McDonald and was offended by the replacement. The new episodes lacked in the joy Tommy expressed in the work. He had that “surfer dude” persona. Sorry Tom McLaughlin, you are knowledgible but boring. I hope Tommy MacDonald wins his suit. It was obviously a travesty for them to steal his creation. If they wanted a different host, create a new show.
The new show is ok I guess, just wish they would take out that annoying transition noise ! – sounds like a drill changing gears …. super, super irritating …
When I turned into the new season I was thoroughly and sadly confused. What happened to the Tommy Mac that I know? And who is this new guy Tom McLaughlin I don’t know who he is he’s boring boring boring. I was anxious to see Tommy in his new shop but it doesn’t look like that’s going to happen. I hope another station picks up Tommy’s show and brings it back to us I really really miss Tommy Mac.
Got to admit, show is different. I had to watch with the volume turned down … between every scene you can hear a weird clicking noise… at first I thought it was my TV… I hope they do something about that.
Got to admit, show is different. I had to watch with the volume turned down … between every scene you can hear a weird clicking noise… at first I thought it was my TV… I hope they do something about that.
Is the shop they show on season 8 the shop tommy McDonald built or one similar made to confuse us?