Malaysia's 'McCurry' beats McDonald's over
trademark
KUALA LUMPUR (AFP) - - Malaysia's highest court ruled
Tuesday against US fast food giant McDonald's, which has waged an
eight-year battle to prevent local eatery "McCurry" from using the
prefix "Mc" in its name.
"It is the end of the road for McDonald's. McCurry can use the
prefix," said lawyer Sri Dev Nair who represented the family-owned
restaurant, which serves up Malaysian favourites like tandoori
chicken and fish masala.
"McCurry and McDonald's are two different businesses which sell
different types of food and they have different customers," he
said, rejecting McDonald's claim that the use of "Mc" in its name
could cause confusion.
In April, McCurry scored a David-and-Goliath victory when the
appeals court overturned a 2006 high court decision that McCurry
had illegally infringed on the burger chain's trademark.
McDonald's on Tuesday sought permission from the federal court
to contest the appeals court decision, but judges denied the
application and said the burger chain's petition was "not properly
framed".
"It is unfortunate we have to dismiss the application with
costs," said Judge Arifin Zakaria, who headed the three-member
panel. Costs amounted to 10,000 ringgit (2,845 dollars).
"Justice has been served. The food that we serve is very
different from McDonald's," said McCurry owner Kanaeges
Suppiah.
"We have no similarities with them at all. That's what we have
felt all this while and that's why we could go on until this
stage," she told reporters.
McDonald's counsel declined to comment, saying they had to brief
their client first.
"We abide by the court's decision," lawyer Wong Sai Fong
said.
The McCurry restaurant, which the owners say is short for
Malaysian Chicken Curry Restaurant, was established in 1999.
McDonald's has 185 outlets in Malaysia, the first of which it
opened in 1982.