McDonald’s Loses Trademark Case Versus McCurry
The world’s largest fast-food chain, McDonald’s Corp. lost a fight against a small Indian food store called McCurry over the use of “Mc” prefix after the Malaysia Federal Court ruled in favor of the latter.
Lawyers of McCurry said that McDonald’s does not have the monopoly over the use of the said prefix.
McDonald’s Corp., the world’s largest fast-food chain franchisor, has lost a trademark case versus a small Indian food restaurant called McCurry after the Malaysian Supreme Court ruled in favor of “David” allowing it to use the popular “Mc” prefix of the “Goliath” food corporation.
In its order, the Malaysian Supreme Court has ended McDonald’s eight-year quest to prevent the small-time Indian restaurant from using its trademark “Mc” prefix.
Also, the Federal Court has dismissed appeals by the food giant, saying that the feds cannot reverse the order of another court. The three-member panel also said that the order is final and executor, which literally prevented McDonald’s from further seeking stoppage to the use of the said prefix.
The “Mc” in McCurry stands for Malaysia Chicken Curry, which the court said had no bearing on McDonald’s signature prefix.
The Federal Court also ordered McDonald’s to pay some $2, 900 to the popular eatery located at the Jalan Ipoh district at the outskirts of downtown Kuala Lumpur.
Meanwhile, McDonald’s legal counsels refused to further comment on the decision, saying that the will abide by the order of the Malaysian court.
McCurry’s legal counsel, on the other hand, said that the highest court of Malaysia only showed that McDonald’s does not and will not have the monopoly of the “Mc” prefix, adding that all restaurant owners who wish to use the popular trademark can do so as long as they can distinguish themselves from the fast-food giant.
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