From the straits times today.
Interesting.
SEPT 4, 2003
McChicken takes on MacTea in court
McDonald's contests a ruling allowing a Singapore company to name
its products MacTea, MacChocolate and MacNoodles
By Elena Chong
COURT CORRESPONDENT
FEEL like sipping a MacTea, MacChocolate or slurping
MacNoodles?
Sure thing, says Future Enterprises, a Singapore company in the
instant beverage and food business. It uses these names on the
instant tea and cocoa mixes and instant noodles that it sells in
countries such as Russia and Vietnam.
No way, says McDonald's Corporation. The fast food giant is trying
to stop Future Enterprises from using MacTea, MacChocolate and
MacNoodles as trademarks.
The Principal Assistant Registrar of Trade Marks dismissed
McDonald's objections in April. McDonald's appeal is now being
heard in the High Court.
Future Enterprises, which used to sell computers, jumped into the
instant beverage and food business in 1994. The following year, it
applied to register MacTea, MacChocolate and MacNoodles and the
eagle device marks.
In court yesterday, Senior Counsel Davinder Singh said his client,
McDonald's, had acquired tremendous reputation and goodwill in its
trademarks, especially in McChicken, McNuggets, McMuffin and other
fast-food names prefixed with 'Mc'.
From 1988 to 1998, its annual sales here grew from $77.95 million
to $230.89 million and its advertising expenditure, from $3.47
million to $11.01 million. p> Because it had used and advertised
this family of trademarks extensively, he said, they had become
synonymous with fast food from McDonald's.
Future Enterprises' managing director, Mr Tan Wang Cheow, said his
company used 'Mac' to convey a 'sophisticated, western,
capitalistic American taste'.
That's just copying, said Mr Davinder Singh, who said many people
were likely to be confused and think that MacTea, MacChocolate and
MacNoodles were associated with McDonald's food and beverage
products.
He said the Principal Assistant Registrar had placed too much
emphasis on Future Enterprises' 'eagle device' popularly used on
coffee and tea products as well as noodles, and erred in deciding
that 'Mc-' was not essential to McDonald's marks.
It was all the more likely that MacTea, MacChocolate and MacNoodles
would be remembered by their names rather than the eagle, said the
Senior Counsel.
The term 'Mc-' or 'Mac-' was an essential feature in McDonald's
family of marks consisting of the prefix 'Mc-' followed by a food
item, he said.
Future Enterprises will argue that its marks are visually, orally
and conceptually different. They are used in different types of
goods targeted at different customers and sold through distribution
channels such as supermarkets and grocery stores, unlike McDonald's
which sells its food and beverage in its restaurants.
Justice Belinda Ang adjourned the case to another day.
Copyright @ 2003 Singapore Press Holdings. All rights reserved.