McDonald has lost the battle for the “Mc” trademark. As widely reported, McDonald's Corporation, the multinational fast food chain, has lost an eight-year trademark infringement dispute with a small Indian restaurant in Malaysia.
The McCurry restaurant in Kuala Lumpur was challenged on its use of the prefix "Mc", which is associated with many of the American company's products. Similarities in the sign displayed on the restaurant to McDonald's own were also alleged, and that McCurry was, as a consequence, "passing off" McDonald's business as its own.
The Malaysian High Court dismissed McDonald's request to appeal the judgment handed down by the Appeal Court in April, which had ruled there was no evidence that McCurry was guilty of such infringement.
There were a number of distinguishing features, principally that McCurry sells Indian food and not burgers like McDonald's!
It was also upheld that McDonald's does not hold a monopoly on the prefix "Mc" in Malaysia.
The Trademark Company
Friday, September 11, 2009
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