McDonald’s loses trademark fight
Malaysia’s highest court has ended an eight-year battle between McDonald’s and a Malaysian curry restaurant over the use of the prefix ‘Mc’.Malaysia’s Federal Court agreed with Appeals Court judgment which allowed ‘McCurry’ to use the ‘Mc’ prefix.
“We feel great that this eight-year legal battle is finally over and we can now go ahead with whatever we plan to do such as opening new branches,” McCurry owner P Suppiah said after the court decision, according to Reuters.
The fast-food giant received support from Malaysia’s High Court over the matter but has since lost cases in the Court of Appeal and the High Court.
McDonald’s said they would abide by the court’s decision.
The recent McDonald’s v. McCurry ruling is not surprising. Just by the three main DuPont factors alone, appearance, sound and meaning, these two marks are arguably not confusingly similar. Add to that the difference in menus, and the difference in trade dress, and you have a pretty strong case for McCurry, which the panel seemingly accepted. The letters “Mc” cannot be totally, exclusively owned by one entity worldwide. And it’s not as if people are going to mix up McCurry with McDonalds. Now, if McCurry used the golden arches, had a clown and similar characters associated with the restaurant, that would be problematic. Those elements were not present in this case.