Home -> Law Blog Directory -> Intellectual Property Law Blogs -> IPKat
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Intellectual Property Law
: IPKat"McCurry is also an existing Scottish name"...
By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.
From Malaysia reaches us the news of the outcome of an "eight year trade mark battle" over the use of the mark "McCurry" for restaurant services between P. Suppiah the owner of an Indian restaurant in Jalan Ipoh, Malaysia and fast food giant McDonald's.According to a report by Malaysian news site "The Star" McDonald's filed a law suit against Mr. P. Suppiah in 2001 trying to stop him from using the prefix "Mc" because it could cause confusion and could lead consumers to associate his "McCurry Restaurant"restaurant with McDonald?s. The problems appear to have started after Mr. Suppiah re-branded his restaurant as "McCurry"; after it had previously been known under the perhaps less evocative name "Restoran Penang Curry House (KL) Sdn Bhd".

McDonald's reportedly argued that the prefix "Mc" had to be considered as a trade mark and that through the use of the prefix "Mc", in combination with the word "Curry", McCurry Restaurant had misrepresented itself as being associated with McDonald?s. While the first instance court had initially ruled in McDonald?s favour in 2006, the Court of Appeal has now decided in Mr. Suppiah favour.
"... you have to look at the plaintiff's getup or logo as a whole ... it consists of a distinctive golden arched 'M' with the word, McDonald's, against a red background."
[In contrast] "... 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'."
Full post as published by IPKat on May 14, 2009 (boomark / email).
Pre-Existing Conditions
Insurance companies to pay over $2.1 million settlement in claims lawsuit.

"McDonald's loses trademark battle in Malaysia; Court says McCurry restaurant gets to keep its name"
Blawg Review Toasts the Scottish
Energy watchdog probes S&SE and Scottish Power for market abuse
Euthanasia will be debated in Scottish Parliament
Scottish Blood Transfusion authority says it is not discriminating, but recognizing behavior risks








