Fast Food Giant Loses In McDonald’s Vs. McCurry Tiff

PUTRAJAYA, Malaysia (Reuters) – Fast food giant McDonald’s on Tuesday lost an eight-year trademark battle against a Malaysian curry restaurant after the country’s highest court allowed the latter to use the prefix ‘Mc’.

Malaysia’s Federal Court dismissed an application by McDonald’s Corporation to appeal against an earlier Appeals Court judgment which allowed McCurry to use the prefix.

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  • richardbaron

    The recent McDonald's v. McCurry ruling is not surprising. Just by the three main DuPont factors alone, appearance, sound and meaning, these two marks are arguably not confusingly similar. Add to that the difference in menus, and the difference in trade dress, and you have a pretty strong case for McCurry, which the panel seemingly accepted. The letters “Mc” cannot be totally, exclusively owned by one entity worldwide. And it's not as if people are going to mix up McCurry with McDonalds. Now, if McCurry used the golden arches, had a clown and similar characters associated with the restaurant, that would be problematic. Those elements were not present in this case. On our site, http://www.trademarksprotected.com, we help with these trademark issues and any trademark questions.

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