Thursday September 7, 2006
Restaurant ordered not to use 'Mc" trade mark of McDonald's
KUALA LUMPUR: A curry restaurant operator is feeling the heat for using the McDonald’s “Mc” trademark for its business.
The High Court has ordered McCurry Restaurant (KL) Sdn Bhd to immediately stop using the prefix for its business name on Jalan Ipoh here.
Justice Siti Mariah Ahmad also ordered that damages to be paid to McDonald’s Corporation to be assessed.
She ruled that “Mc” was distinctive of McDonald’s either singularly or used in conjunction with items of food and it could therefore claim goodwill and reputation in their business with reference to the prefix.
She added that the curry house by using the word McCurry and employing a signage which featured colours which were distinctive of McDonald’s was indulging in acts that could give rise to confusion and deception.
“The acts of the defendant was a deliberate attempt to get an unfair advantage to the detriment of the plaintiff.
“The plaintiff had suffered damage to their goodwill and reputation and an erosion to the singularity that they had enjoyed vis-a-vis the “Mc” trademark,” she said in her verbal judgment on Thursday.
McDonald’s was represented by counsel Wong Sai Fong and S. Indran while McCurry represented Sri Dev Nair.
McCurry’s counsel has indicated that his client would appeal against the decision.
In its statement of claim dated June 6, 2001, McDonald’s stated that it had created the prefix “Mc” as a source or trade identifier and trademark to enhance its business.
“The plaintiff has applied for and secured numerous trademark registrations of the prefix “Mc” and also for “Mc” with a suffix or suffixes in many countries around the world.
“The use of the prefix and its commercial presence can be felt in over 120 countries around the world,” it said, adding that it had in the course of its trade always emphasised the distinctiveness of the prefix “Mc” on its goods and services.
In its defence, McCurry, who was formerly known as Restoran Penang Curry House (KL) Sdn Bhd, denied that it had used the prefix “Mc” to enhance its business.