KUALA LUMPUR: A curry restaurant operator is feeling the heat for using the McDonalds Mc trademark for its business.
The High Court has ordered McCurry Restaurant (KL) Sdn Bhd to immediately stop using the prefix for its business name in Jalan Ipoh here.
Justice Siti Mariah Ahmad also ordered that damages to be paid to McDonalds Corporation to be assessed.
She ruled that Mc was distinctive of McDonalds either singularly or used in conjunction with items of food and it could therefore claim goodwill and reputation in its business in reference to the prefix.
She added that the curry house by using the word McCurry and employing a signage which featured colours which were distinctive of McDonalds was indulging in acts that could give rise to confusion and deception.
The acts of the defendant was a deliberate attempt to get an unfair advantage to the detriment of the plaintiff, she said in her verbal judgment yesterday.
The plaintiff had suffered damage to their goodwill and reputation and an erosion to the singularity that they had enjoyed vis-a-vis the Mc trademark.
McDonalds was represented by counsel Wong Sai Fong and S. Indran and McCurry by Sri Dev Nair.
McCurrys counsel has indicated that his client would appeal against the decision.
In its statement of claim dated June 6, 2001, McDonalds said it had created the prefix Mc as a source or trade identifier and trademark to enhance its business.
The plaintiff has applied for and secured numerous trademark registrations of the prefix Mc and also for Mc with a suffix or suffixes in many countries around the world, it said, adding that it had in the course of its trade always emphasised the distinctiveness of the prefix Mc on its goods and services.
The use of the prefix and its commercial presence can be felt in over 120 countries.
In its defence, McCurry, which was formerly known as Restoran Penang Curry House (KL) Sdn Bhd, said it was not aware that McDonalds was the proprietor and operator of the world-renowned chain of restaurants.
It denied it had used the prefix Mc to enhance its business.