WWLegal.com :: McDonald's Wins Case Against McCurry In Malaysia

McDonald's Wins Case Against McCurry In Malaysia
Posted on Thursday, September 14, 2006 - 12:00 AM

On 7th September 2006, the High Court in Malaysia ruled that a Malaysian Indian food outlet, McCurry, cannot use the expression "Mc" and use similar colours in its signage as that of McDonald's.

It was reported that Justice Datuk Siti Mariah Ahmad made the ruling when she ordered McCurry Restaurant (KL) Sdn Bhd to pay damages to McDonald's. The quantum has yet ot be assessed.

The effect of decision which was delivered orally in chambers is that McCurry Restaurant would have to change its name by not incorporating the prefix "Mc".

The Judge ruled that by using the words "McCurry" and employing a signage which featured colours that were distinctive of McDonald's, McCurry Restaurant was indulging in acts that could give rise to confusion and deception. She is reported to have said "The act 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 mark, either when used on its own or in conjunction with an item of food".

If accurate, it appears that the case is one of passing-off which includes the 'get-up' of the shop and not just an infringement of trademark. McCurry Restaurant indicated that it would appeal against the decision.

This decision appears to contradict an earlier trademark decision of the Singapore High Court. The Singapore court ruled in favour of McCoffee and held that it does not infringe McDonald's trademark. It will be interesting to examine the Malaysian judgment.

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