Volume VII

Issue : 12: September 10, 2009

• Microsoft Obtains Stay of Injunction Prohibiting Sales of MS Word
• Apple Sued For Copyright Infringement for i.TV App Icon
• Court Decides Against Injunction for Misleading Internet Speed
• Twitter Preliminarily Denied TWEET Trade Mark
• Century 21 Sues Rogers Over Copyright Infringement
• DISH Ordered to Pay US$200M to TiVo But Not Found Wilful
• McDonalds Does Not Have Exclusive Right to Mc Prefix in Malaysia
• Facebook to Comply with Canadian Privacy Recommendations

Home > Volume VII > Issue 12: September 10, 2009 > McDonalds Does Not Have Exclusive Right to Mc Prefix in Malaysia

McDonalds Does Not Have Exclusive Right to Mc Prefix in Malaysia

The Malaysian Federal Court has ended McDonald’s eight-year trademark battle against McCurry, a popular restaurant on the edge of Kuala Lumpur’s downtown. Last April, the Appeal Court (Malaysia) overturned a 2006 High Court (Malaysia) ruling, finding that there was no evidence that McCurry was passing off McDonald’s business as its own and that McDonald’s cannot claim an exclusive right to the “Mc” prefix. The Federal Court unanimously decided that McDonald’s appeal of these findings had no merit, thus exhausting McDonald’s routes of appeal.

The Appeal Court noted that McCurry’s sign is different than that of McDonald’s since it has white and gray letters, a red background and a picture of a smiling chicken giving two thumbs-up. The court also noted that McCurry does not compete with McDonald’s as it only serves Indian food. McCurry’s owner states that the name is an abbreviation for Malaysian Chicken Curry.

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