Fast food chain McDonald's Monday (27th April 2009) lost its exclusivity to the use of the prefix "Mc" when the Court of Appeal here allowed a local Indian food outlet, McCurry Restaurant, to use "Mc" in its business signage.
Appeal Court judges Datuk Gopal Sri Ram (now Federal Court judge), who sat with Justices Datuk Heliliah Mohd Yusof and Datuk Sulong Matjeraie, held that there was no evidence to show that McCurry Restaurant of Jalan Ipoh, Kuala Lumpur, was passing off McDonald's business as its own.
"Where the learned judge, with respect, erred is to assume that McDonald's had a monopoly in the use of the prefix ‘Mc' on a signage or in the conduct of business.
"In my judgment, the irresistible inference to be drawn from the totality of the evidence is that McCurry's Restaurant signboard would not result in reasonable persons associating McCurry with the McDonald's mark.
"For the reasons given, I would allow McCurry Restaurant's appeal and reverse the findings of the learned judge," said Sri Ram in his 18-page written judgement.
He said the fact that McCurry Restaurant chose the name "McCurry," could not, by itself, lead to the inference that it sought to obtain an unfair advantage from the usage of the prefix "Mc."
"You have to look at the plaintiff's (McDonald's) getup or logo as a whole ... it consists of a distinctive golden arched ‘M' with the word, McDonald's, against a red background.
"The defendant's (McCurry) signboard carried the words ‘Restoran McCurry' with the lettering in white and grey on a red background with a picture of a chicken giving a double thumbsup and with the wording, ‘Malaysian Chicken Curry.'
http://www.mccurryrecipe.com/http://www.mcdonalds.com/The Star Newspaper Malaysia
