• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
  • Contact
  • RSS
  • Archives
  • Subscribe
The Nut Graph

The Nut Graph

Making Sense of Politics & Pop Culture

  • Projects
    • MP Watch
    • Found in Conversation
  • Current Issues
    • 6 Words
    • Commentary
    • Features
    • Found in Quotation
    • News
  • Columns
  • Interviews
    • Exclusives
    • Found in Malaysia
  • Multimedia
    • Audio
    • Pictures
    • Videos
  • Corrections
  • Letters to the Editor
  • Vault
    • Found in Translation

McDonald’s loses exclusivity to prefix ‘Mc’

[get_post_meta single=1 key="byline"] | April 29, 2009 Leave a Comment

PUTRAJAYA, 29 April 2009: 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’.

On 7 Sept 2006, the High Court held that the McDonald’s fast food chain, a household name among children, had the exclusive right to the prefix ‘Mc’ and ordered McCurry Restaurant (KL) Sdn Bhd to pay damages to McDonald’s Corporation, the proprietor of the McDonald’s chain of restaurants.

In her ruling, Justice Siti Mariah Ahmad said by using the words ‘McCurry’ and employing a signage which featured colours that were distinctive of McDonald’s, McCurry Restaurant was indulging in acts that could give rise to confusion and deception.

McDonald’s, in its statement of claim, said it created the prefix ‘Mc’ as a trademark and that with the usage of the prefix ‘Mc’, together with the word ‘Curry’, McCurry Restaurant, which was formerly known as Restoran Penang Curry House (KL) Sdn Bhd, had misrepresented itself as being associated with McDonald’s business.

McCurry Restaurant, in its defence, contended that McDonald’s could not claim monopoly or exclusive rights to the use of the prefix ‘Mc’, as that prefix was extensively used around the world as surnames, particularly by people of Scottish origin.

McCurry Restaurant said the menu was essentially Malaysian and Indian cuisine which was totally different from those available in McDonald’s restaurants which comprise food typically found in western food restaurants such as burgers and french fries.

McDonald’s was represented by counsel S F Wong while counsel Sri Dev Nair appeared for McCurry. — Bernama

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • Click to email this to a friend (Opens in new window)

Related Stories

Filed Under: News Tagged With: Court of Appeal, curry, Mc, McDonalds, restaurant

Primary Sidebar

Search

Twitter

My Tweets

Recent Comments

  • Wave33 on The Nut Graph stops publication
  • Adam on The Nut Graph stops publication
  • PSTan on The Nut Graph stops publication
  • PSTan on The Nut Graph stops publication
  • Andre Lai on The Nut Graph stops publication

Recent News

  • The Nut Graph stops publication
  • Nasihat tentang sepupu yang mengganggu perasaan
  • Uncommon Sense with Wong Chin Huat: The Sunni-Shia split and the answer to Muslim unity
  • Why Malaysia needs the national unity bills
  • Challenging government in the digital age: Lessons from Kidex
  • Najib’s failure
  • Babi, anjing, pondan: Jijik orang Islam Malaysia
  • Kidex and the law – What the government’s not telling you
  • Beyond Dyana Sofya
  • Uncommon Sense with Wong Chin Huat: Does Malaysia need hate speech laws?

Tags

Abdullah Ahmad Badawi Anwar Ibrahim Barisan Nasional BN Bukit Selambau by-election dap Deborah Loh Ding Jo-Ann Election Commission elections Found in Malaysia Found in Quotation Gan Pei Ling government high court Hishammuddin Hussein ISA islam Jacqueline Ann Surin Khairy Jamaluddin KW Mak Lim Guan Eng Malaysia MCA Menteri Besar MP Watch Muhyiddin Yassin muslim Najib Razak Pakatan Rakyat Parliament Parti Keadilan Rakyat pas Penang Perak PKR police politics prime minister Selangor Shanon Shah Umno Wong Chin Huat Zedeck Siew

Footer

  • About The Nut Graph
  • Who Are We?
  • Our Contributors
  • Past Contributors
  • Guest Contributors
  • Editorial Policy
  • Comments & Columns
  • Copyright Policy
  • Web Accessibility Policy
  • Privacy Policy
The Nut Graph

© 2022 The Nut Graph

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.