PUTRAJAYA, 8 Sept 2009: The battle by fast food chain McDonald’s Corporation for exclusivity to use the “Mc” trademark ended today after it failed to stop local Indian restaurant McCurry Restaurant (KL) Sdn Bhd from using the prefix.
The Federal Court, comprising Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court Judges Datuk Wira Mohd Ghazali Mohd Yusoff and Datuk James Foong, today unanimously dismissed McDonald’s application for leave to appeal against the Court of Appeal’s findings on the usage of the prefix, on the grounds that the questions posed by McDonald’s in the application were not properly framed.
Justice Arifin also ordered McDonald’s to pay RM10,000 cost to McCurry, which has an outlet on Jalan Ipoh in Kuala Lumpur.
The two questions framed by McDonald’s were that the prefix “Mc” would cause the public to associate McCurry with McDonald’s; and that the usage of “Mc” would reduce the importance of the prefix for McDonald’s.
After the decision, McCurry director AMSP Suppiah, 55, told the media that he was very happy and relieved because the dispute had been settled.
He said McCurry, which opened in 2001, was running the business based on Indian food and had nothing to do with McDonald’s.
McDonald’s filed a leave application to appeal after the Court of Appeal on 29 April ruled it was wrong to assume that McDonald’s had a monopoly on the use of the prefix “Mc”.
On 7 Sept 2006, the Kuala Lumpur High Court ruled in favour of McDonald’s, but McCurry took the fight to the Court of Appeal.
McDonald’s, in its statement of claim, said it created the prefix “Mc” as a trademark, and that with its usage, McCurry Restaurant, formerly known as Restoran Penang Curry House (KL) Sdn Bhd, had misrepresented itself as being associated with McDonald’s.
McCurry Restaurant, in its defence, contended that McDonald’s could not claim monopoly or exclusive rights to the use of the prefix as it was extensively used around the world in surnames, particularly by people of Scottish origin. — Bernama