McDonald’s wins damages from firm

Discussions General
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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.

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so i cant open a store named McBulat la? nanti kena sue

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Same case with me. Cannot name my burger stall to McApaiMau. Kena sue later

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yalor, later u will get McApaiMauKenaSue…

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Then look for loopholes: no ‘Mc’ but can ‘Mack’

so you can name your restaurant MackDonnads. Or MackBulat or MackApaiMau. I wonder what happens if McDonalds come out with a new burger on valentince’s with the name ‘McLove’ Burger. McLove. Hmmm

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Maybe we change the “Mc” to “My”. so u can name ur burger stall “MyApaiMau” Stall

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Or MyBulat store.

Anyway, I wonder if McDonald’s spill over their copyright war on ppls name with “mc” on their MyKad.

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PUTRAJAYA, April 29 (Bernama) – Fast food chain McDonald’s today lost its exclusivity to the usage of the prefix ‘Mc’ when the Court of Appeal here allowed a local Indian food outlet, McCurry Restaurant, to use ‘Mc’ in its business signage.

Appeal Court judges Datuk Gopal Sri Ram (now Federal Court judge), who sat with Justices Datuk Heliliah Mohd Yusof and Datuk Sulong Matjeraie, held that there was no evidence to show that McCurry Restaurant of Jalan Ipoh, Kuala Lumpur, was passing off McDonald’s business as its own.

"Where the learned judge, with respect, erred is to assume that McDonald’s had a monopoly in the use of the prefix ‘Mc’ on a signage or in the conduct of business.

"In my judgment, the irresistible inference to be drawn from the totality of the evidence is that McCurry’s Restaurant signboard would not result in reasonable persons associating McCurry with the McDonald’s mark.

“For the reasons given, I would allow McCurry Restaurant’s appeal and reverse the findings of the learned judge,” said Sri Ram in his 18-page written judgement.

He said the fact that McCurry Restaurant chose the name ‘McCurry’, could not, by itself, lead to the inference that it sought to obtain an unfair advantage from the usage of the prefix ‘Mc’.

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ho ho…MakCurry are more better for me…
bcoz my mom is the best!!!
lol…