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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 @7:05PM Frosty said... Ive got one for you, When do you think McDonald's will get around to sueing all the bike clubs in the world for have a patch that is just the letters MC ?
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9-08-2009 @7:04PM Jared said... Kudos to the Indian guy. He put up with 8 years of McShit, and never gave in.
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9-08-2009 @7:09PM CrazyDave said... Yeah meats murder..blah blah blah, so is abortion..what's your point?
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9-08-2009 @7:18PM marlajo1231 said... As long as the last name is different after the prefix "Mc" it shouldn't matter. The prefix "Mc" is a "Free Prefix" word, think about it... There's Kmart, then there's Walmart, the last prefix word in this is "mart", it's all the same. What difference does it make???? No one should have won any court case, it's not like McDonalds took the name away from McCurry, they're both different names! McDonalds shouldn't change their name.This Mccurry was from another country, McDonalds was out there "First".
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9-08-2009 @7:27PM hairgal99 said... This reminds me of when the Spike Lee sued SpikeTV
bacause HE thought he had the franchise on anything 'Spike', like they were naming it after him or something.
Needless to say, he LOST!
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9-08-2009 @7:33PM webow said... McDonalds is poison, nothing less. Absolutely deadly food. The real tragedy is that they target consumers who are already on a tight budget and who do not necessarily have the time or knowledge necessary to get good, wholesome food.
Talk about healthcare reform. This is one area to start with.
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9-08-2009 @7:48PM Khemist said... - They copied Mickey D's font.. the intent is OBVIOUS. Make them change the font face and let them keep the name...
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9-08-2009 @7:49PM NIC said... R U FRICKING KIDDING ME??? THEY CAME UP W/ THE NAME AND 86 PERCENT OF U CRAPPY NOOBS THAT KNOW NOTHING SAY NO WAY! WOW PPL ARE RETARDED THESE DAYS....
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9-08-2009 @7:57PM d. haskell said... Don't forget to add: Mc Obese, and Mc Puke to a company where eating the dishes is more nutricous then eating their "food"! Too many generations of brainwashed people feeding the kids Mc Crap because they were too lazy to make good food!!!
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9-08-2009 @7:57PM cannotbelievethis said... So, I guess if your name IS McDonald, you can't open a restaurant and call it McDonald's?
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9-08-2009 @7:58PM befair said... Excuse me. I really wonder how much do you understand about cultures and foods from other countries. From your comment it really display how some Americans (please don't attack me, I mean some americans, not all) are so ignorant about other countries and think they are the only best and right people and culture in the world. If you really know curry you would know they are not made with rotten meat. And if you have done any research on healthy foods recently you would know turmeric, one of the spices used in curry is good as antiflamation. Americans are generally great people. Only those who don't know anything about other countries yet insist only USA is the superior in all and America's way the ONLY right way that really annoy me.
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9-08-2009 @8:00PM S&P said... If the US had loser pays in lawsuits, which it doesn't, the frivilous attorneys would go out of business.
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9-08-2009 @8:10PM Erwin Stoessel said... McDonolds and McCurry do NOT look alike neither are they pronounced alike so what's the fuss about?That's a no brainer.DUH.
And they had to pay the legal fees,that was the icing on the cake.These idiots never learn.Corporate arrogance at it's best.Serves them right.Pity the double jepardy law did not apply.Morons of the first order.
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9-08-2009 @8:14PM ron said... bun seed sesame, a on, onions pickles cheese lettuce sauce special patties beef all two..I'm 47 and learned that when I was ten....and I still can't get that crappy taste out of my mouth
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9-08-2009 @8:16PM JIMJAM said... This is McFantiastic!! McFabulous..soooo Big MacMcCool; McConGatts!!. They should get a lot of McMoney.. too...!! MCMaybee??
McHOLLA!!
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9-08-2009 @8:36PM Kurt said... Ah hell...i'll admit it...every now and then i get a MAC ATTACK...and i like their fry's too...I'm sorry :(
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9-09-2009 @4:06PM Chris said... McDonalds has a long history of suing every company with a Mc prefix. They shut down McPhoto years back and so on.
And Mary, McDonald is Irish, MacDonald is Scottish.
Signed McLaughlin, Irish
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9-08-2009 @10:16PM Kurt said... McFlurry or McCurry...depending on where youre from...arnt these those ice cream things from McDonalds?....actually those sound pretty good right now.
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9-08-2009 @11:07PM Pam said... Wow, McDonalds wasted 8 years and who knows how much money on this? No one is going to mistake a McCurry for a McDonalds. Now if they used the Golden Arches too, that might have been different. And how can they claim "Mc" anyway? It's like claiming the "O'" in "O'Donnell."
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9-09-2009 @6:20AM Justin said... first of all, everybody should believe what they see on a website. they installed "hidden cameras" and nobody noticed that they were installing these? please. by the way, mcdonald's buys their chicken, beef, and pork from a third party. if you don't believe me, give me a few hours, I'll make a website and send you the link.
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