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| McCurry restaurant owner A.M.S.P. Suppiah and his wife. Photo: Mark Baker/AP |
The restaurant facing the suit operates under the name McCurry, short for "Malaysian Chicken Curry," and was the first Indian fast food restaurant to open in 1999 in Kuala Lumpur, Malaysia -- serving dishes such as chicken curry, fish head curry, naan and biryani.
McDonald's wanted sole rights to the use of the prefix "Mc" to protect its brand image but the Federal Court ruled Tuesday that the fast-food chain had no such exclusive rights.
"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 A.M.S.P. Suppiah told Reuters.
McDonald's first sued McCurry in 2001. Five years later, a High Court ruled in favor of the corporation. McCurry responded by bringing the trademark suit to the Court of Appeal where in April the Malaysian restaurant won the case.
In a legal ping-pong match, McDonald's once again took the matter to Malaysia's highest court -- the Federal Court -- where the suit was settled once and for all in McCurry's favor.
McDonald's, which has 137 restaurants in Malaysia, was also ordered to pay legal costs for the eight-year suit.
Should McDonald's be the only brand allowed to use the "Mc" prefix? Tell us in the comments below.
| Yes, they formed the brand. | |
|---|---|
| No way! |
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9-08-2009 @2:57PM mowhawkx2 said... Glad to see the "little guy" win one! Its the right decision.
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9-08-2009 @2:31PM Annie said... Why doesn't McDonalds just sue the entire population of Ireland for their use of Mc. Or maybe they should sue McD instead. They are after all the original owners of the prefix Mc! And then the Scottish should sue for the use of Mac as in Big Mac!
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9-08-2009 @2:32PM john said... Eight years!!?? Does McDonalds think that they own the alphabet? If so, they better go after all those Scots and Irish who blatantly use "Mc" in thier names in the phone book!
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9-08-2009 @2:33PM Jasmine said... McDonald's sure has some set of balls in trying to sue this McCurry restaurant. When in fact McDonald's stole the name from Lions Tap called "Who's your Patty"??? McDonald's is so quick to point the finger when in fact they are the biggest thieves around. They charge way too much for their food and the food is nasty tasting. I am glad McDonald's lost the suit. I am looking forward to see them loose the Lion's Tap suit too, and have to pay them allot of money, Go Lion's Tap!!!
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9-08-2009 @2:37PM DD said... Hallalujah! This just made my day. Finally some semblance of sense in this world. Maybe our U.S. justice folks could learn a few things from the Malaysian justice community.
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9-08-2009 @2:40PM Susie said...
So McDonalds thinks if your name is McDougal, McCoy, McNeil, etc, you can't open your own business and put your name on it?! Good thing the "little guys" won this one. Shame on you, McDonalds, for putting this business through 8 years of lawyers. Glad to hear McDonalds had to pay the other guys legal fees!
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9-08-2009 @2:40PM Winsyrstrife said... "McDonald's, which has 137 restaurants in Malaysia, was also ordered to pay legal costs for the eight-year suit."
Smackdown!! Talk about salt in the wound.
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9-08-2009 @3:02PM BJREPINE said... Get over yourself McIdiots!!!
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9-08-2009 @2:50PM Vince said... I'll bet Paul McArtney is breathing a sigh of relief.
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9-08-2009 @2:53PM wiredfld said... MC COOL
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9-08-2009 @2:55PM danay said... Wow i never heard of this story till now.. Was aware of the the lions tap sue but my gosh what in earth mcdonalds thinking?!!! Will good luck to the small guys that won and maybe this should teach the mcdonalds people to back off and worry about their foods and thier resturant ... Peace america!!
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9-08-2009 @2:56PM Ann said... So glad that McD's had to pay these people's legal fee. It's not like they were competition. Plus they are in India, If I were ruler of India, I would through McD's to the curb!!!
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9-08-2009 @3:05PM the96xfactor said... Anybody with the last name McDonald should sue McDonalds for name infringement.
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9-08-2009 @3:07PM Jeanie Lea said... I think McDonald's should be more worried about being on PETA's website for McCrulty to chicken's instead of this BS. THATS RIGHT PEOPLE MCDONALD"S IS CRULE TO THERE CHICKENS LIKE KFC IS. Check out the website and you will shit your pants and probably puke up your dinner. It is pretty rough stuff to watch! But it is true. Hidden cameras were installed and they got the dirt on fast food and on Petsmart.
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9-08-2009 @3:09PM Catherine said... That's kind of like Oprah wanting to sue any company who uses "light bulb moment!" It's not like no one ever said that before she did!!
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9-08-2009 @3:10PM Catherine said... Or the phrase "aha moment." Don't remember which one she sued about, but neither is her personal property!
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9-08-2009 @3:11PM picksd said... good for them- you can't copyright the two
letters Mc- no matter how much you might want to.
No one is going to mistake one for the other
anyhow.
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9-08-2009 @3:11PM mary said... McDonald is Scottish.
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9-08-2009 @3:13PM Cyril Johnson said... Based in McDonald's own logic, McCormic Spices could force McDonald's to change their name
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9-08-2009 @3:14PM yourmama said... With the last name of McVarish, The Macdonalds of Clanranald are one of the branch clans of Clan Donald—one of the largest Scottish clans since 1371, I have the right to sue for infringement. They have been using my surname since 1940! I AM RICH!!!
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