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McDonalds Looses Legal Battle Over McCurry  
User currently offlineOA260 From Ireland, joined Nov 2006, 26941 posts, RR: 58
Posted (4 years 11 months 3 weeks 4 days 13 hours ago) and read 2610 times:

McDonald's loses McCurry battle

A small curry shop in Malaysia has won an eight-year battle against global fast-food giant McDonalds over the name of its restaurant.

The court ruling on Tuesday in favour of the McCurry restaurant, based in Malaysia's largest city, Kuala Lumpur, effectively ends McDonald's legal bid to retain exclusive use of the "Mc" prefix in Malaysia.

The ruling by Malaysia's highest court denied McDonald's request to appeal against another court's verdict that allowed McCurry to use the prefix.

http://english.aljazeera.net/news/as...fic/2009/09/20099853733530827.html


A victory for the small boys and a slap in the face to the greedy multi nationals??

24 replies: All unread, jump to last
 
User currently offlineWindy95 From United States of America, joined Dec 2008, 2722 posts, RR: 8
Reply 1, posted (4 years 11 months 3 weeks 4 days 13 hours ago) and read 2592 times:

I have to agree with you on this one. The amount of lawsuits that they have launcehd ovr the years is incredible. I believe it was a year or two ago they one a case in the UK against a family that had the name of McDonald. The fact that they went after this one family restaurant made me not want to eat there again. This is one area where a corporation has gone out of control


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User currently offlineOA260 From Ireland, joined Nov 2006, 26941 posts, RR: 58
Reply 2, posted (4 years 11 months 3 weeks 4 days 13 hours ago) and read 2579 times:



Quoting Windy95 (Reply 1):
I have to agree with you on this one

OA260 faints and gets back up  Wink  Big grin

-------

The thing that makes me not want to eat in my local McDonalds is the staff with dirty finger nails sliding around on the greasy floors lol...

Mind you this Mc Curry place showed their dishes on the video report I saw and there were chopped off heads of things  Wow!


User currently offlinePhotopilot From Canada, joined Jul 2002, 2731 posts, RR: 18
Reply 3, posted (4 years 11 months 3 weeks 4 days 13 hours ago) and read 2579 times:

Gee, what a shame. No Happy Meal for the McLawyers!  Big grin

Great to hear the little guy can still win.


User currently offlineBAViscount From United Kingdom, joined Mar 2004, 2338 posts, RR: 4
Reply 4, posted (4 years 11 months 3 weeks 4 days 13 hours ago) and read 2570 times:



Quoting OA260 (Thread starter):
The court ruling on Tuesday in favour of the McCurry restaurant, based in Malaysia's largest city, Kuala Lumpur, effectively ends McDonald's legal bid to retain exclusive use of the "Mc" prefix in Malaysia.

I think the Scots have more of a claim over the "Mc" prefix than Ronald does!!



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User currently offlineCPH-R From Denmark, joined May 2001, 5990 posts, RR: 3
Reply 5, posted (4 years 11 months 3 weeks 4 days 8 hours ago) and read 2376 times:

Not the first time this has happened. Back in 1995, the owner of a Danish "Pølsevogn" (look it up, might take a while to explain this Danish cultural phenomenon Big grin) named his small business McAllan, from the nickname his friends had given him (I can't remember why they gave him that, I think it was due to an interest in Scotland or Scottish Whiskey).

McDonald's promtly sued him and eventually the case made it all the way to the Danish Supreme Court, which ruled that he was free to name his business whatever he wanted, as long as it didn't infrige trademarks or the like. In the process the owner had even changed his name to Mac Allan Pedersen (adding the Mac), completely free of charge as the Danish assembly of Bishops decided that the name change would be on them Big grin

Sadly he had to give up his Pølsevogn in 1996, as the warehouse he was leasing his small stand space from, terminated the contract.


User currently offlineKiwiandrew From New Zealand, joined Jun 2005, 8552 posts, RR: 13
Reply 6, posted (4 years 11 months 3 weeks 4 days 7 hours ago) and read 2349 times:
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good job - many years ago when I lived in Scotland there was a family butcher in Pitlochry who had been trading under the name McDonalds ( their family name ) for something like 150 years and these upstart wankers tried to sue them and shut them down - I am pleased to say that the lawsuit was thrown out and costs were awarded against mcdonalds corporation for their frivolous lawsuit - personally I would love to see every person whose name really is McDonald sue the arse off of mcdonalds corporation for the damage that has been done to their name since these people started peddling their McCrap.


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User currently offlineMillwallSean From Singapore, joined Apr 2008, 1242 posts, RR: 6
Reply 7, posted (4 years 11 months 3 weeks 4 days 4 hours ago) and read 2302 times:

McDonalds have tried to stop many competitors.
When I was living in Sweden they were not happy with a popular chain called Max.
http://www.max.se/en/

However they tend to loose a lot of the cases outside the US, the prefix Mc isnt seen as something that can be trademarked since its more of a Scottish heritagething than trademark. This makes it very difficult for Roland and his mates to claim the Mc prefix outside the states. They have a gap of at least 800 years to explain in front of a judge and that isnt done easily...

In NZ they wanted a family named McDonald to stop using the name on their family business. That business wasn't even food related, it was thrown out of court after the family produced documents showing that their name had been with the family for over 400 years and compared that to the company McDonald.
I remember the judged stating that he thought it would be interesting if the family sued McDonalds, that judgement would be a more difficult one he said.

However regarding this case in Malaysia.
Of course they copied from McDonalds. Its even in red and white. This is an Indian couple serving Indian food in an Indian fastfood restaurant. The version about Mc standing for Malaysian Chicken is rather far fetched, especially since they use capital M and a small c...

But the Malaysian court rightly pointed out that the prefix Mc is not in any way related to McDonalds and McDonalds cant lay claim to it.
Mc is Scottish.
Malaysian law is based upon UK law by the way.



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User currently offlineBirdwatching From Germany, joined Sep 2003, 3820 posts, RR: 51
Reply 8, posted (4 years 11 months 3 weeks 4 days 4 hours ago) and read 2293 times:

I can't believe how many people in this thread sympathize with so called McCurry.Once you start that "stand up for the small guy" crap people will go blind and forget reality.

This is NOT about who has the right to use that name. This is about a small restaurant trying to boost sales by looking like a large restaurant who has spent millions on advertising, building a corporate ID and an image. I mean look at the photo in reply 7! The letters and the colors! People will eat at this restaurant because they will think of the reputation McDonalds has built over years. If this was only about the name they feel they are entitled to use, then why do they do every effort to make their store sign LOOK like a genuine McDonald's?

Really nothing different than the blatant Chinese imitations of western products and brands.
How can a person in their right mind say something like:

Quoting Photopilot (Reply 3):
Great to hear the little guy can still win.



Quoting BA (Reply 7):
Glad to see the small guys won this battle.



Quoting Kiwiandrew (Reply 11):
good job

I guess you all would love it if others were stealing from you.

Soren  santahat 



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User currently offlineKiwiandrew From New Zealand, joined Jun 2005, 8552 posts, RR: 13
Reply 9, posted (4 years 11 months 3 weeks 4 days 4 hours ago) and read 2275 times:
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Quoting Birdwatching (Reply 13):
The letters and the colors!

yes Soren , I have looked at the colours , or rather colour , ie red rather than red and yellow as used by McD everywhere in the world . While I have no high opinion of people who are gullible enough to eat McDonalds 'food' I dont really think that they are stupid enough to think that this is a McDonalds - apparently you do .

Quoting Birdwatching (Reply 13):
People will eat at this restaurant because they will think of the reputation McDonalds has built over years

I would have thought that in itself would be enough to keep people away from this restaurant

Quoting Birdwatching (Reply 13):
I guess you all would love it if others were stealing from you.

Do you the same way that McDonalds stole the name from people who have been using it for hundreds of years

Quoting MillwallSean (Reply 12):

In NZ they wanted a family named McDonald to stop using the name on their family business. That business wasn't even food related, it was thrown out of court after the family produced documents showing that their name had been with the family for over 400 years and compared that to the company McDonald.
I remember the judged stating that he thought it would be interesting if the family sued McDonalds, that judgement would be a more difficult one he said.




Moderation in all things ... including moderation ;-)
User currently offlineOA260 From Ireland, joined Nov 2006, 26941 posts, RR: 58
Reply 10, posted (4 years 11 months 3 weeks 4 days 3 hours ago) and read 2259 times:



Quoting Aeri28 (Reply 14):
m sure MacDo realizes they always have a chance at losing their suits, but it behooves them to press on potentially in the hopes that the other party will give up due to financial concerns

Exactly they took a lawsuit against a small take away firm in Scotland and totally abused them and bullied them in the hope they would be intimidated and put out of business.

This is a victory for morality in the business world.  thumbsup   thumbsup 


User currently offlineMaverick623 From United States of America, joined Nov 2006, 5598 posts, RR: 6
Reply 11, posted (4 years 11 months 3 weeks 4 days ago) and read 2219 times:



Quoting Aeri28 (Reply 12):
Im sure MacDo realizes they always have a chance at losing their suits, but it behooves them to press on potentially in the hopes that the other party will give up due to financial concerns, or just plain tiredness.

And, under US trademark law, if they don't enforce said trademarks, they eventually lose their exclusive rights.



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User currently offlineSudden From Sweden, joined Jul 2001, 4130 posts, RR: 6
Reply 12, posted (4 years 11 months 3 weeks 3 days 18 hours ago) and read 2157 times:



Quoting OA260 (Thread starter):
and a slap in the face to the greedy multi nationals??

I can serve them my homemade menu instead, Mc Fist!  box 

If I feel like eating burger, I go to Burger King anyway.

Aim for the sky!
Sudden



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User currently offline2707200X From United States of America, joined Mar 2009, 8490 posts, RR: 1
Reply 13, posted (4 years 11 months 3 weeks 3 days 17 hours ago) and read 2117 times:

The site of another red fast food sign with yellow letters sure made McDonald's "Grimace", thats one McLawsuit that does not end with a happymeal, what clowns.


"And all I ask is a tall ship and a star to steer her by." John Masefield Sea-Fever
User currently offlineOA260 From Ireland, joined Nov 2006, 26941 posts, RR: 58
Reply 14, posted (4 years 11 months 3 weeks 3 days 17 hours ago) and read 2105 times:



Quoting 2707200X (Reply 17):
thats one McLawsuit that does not end with a happymeal, what clowns.

Good one  rotfl   rotfl  There are some jokes going around on Facebook also.


User currently offlineHAWK21M From India, joined Jan 2001, 31679 posts, RR: 56
Reply 15, posted (4 years 11 months 3 weeks 3 days ago) and read 1984 times:

So will we see Mcvadapav here soon.It will def out sell a burger.  Smile
regds
MEL.



Think of the brighter side!
User currently offlineCarlisle From United States of America, joined Feb 2009, 271 posts, RR: 5
Reply 16, posted (4 years 11 months 3 weeks 2 days 22 hours ago) and read 1946 times:

There is a restaurant currently still open in Brooklyn, which years ago, Mickey Ds filed a lawsuit against their original name. The restaurant eventually had to change their name. I am definitely glad that McDonald's, a disgusting food chain to begin with, lost big time on this one. I guess they can't have the monopoly on life this turn.

Cheers,
Carlisle



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User currently offlineKiwiandrew From New Zealand, joined Jun 2005, 8552 posts, RR: 13
Reply 17, posted (4 years 11 months 3 weeks 2 days 22 hours ago) and read 1937 times:
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maybe someone called McDonald should start a lawsuit to reclaim their name from the corporation and seek punitive damages for having their name dragged through the mud for the last 50 odd years - fair is fair  Smile


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User currently offlineCXB77L From Australia, joined Feb 2009, 2606 posts, RR: 5
Reply 18, posted (4 years 11 months 3 weeks 2 days 22 hours ago) and read 1937 times:
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Quoting Birdwatching (Reply 8):
This is NOT about who has the right to use that name. This is about a small restaurant trying to boost sales by looking like a large restaurant who has spent millions on advertising, building a corporate ID and an image. I mean look at the photo in reply 7! The letters and the colors! People will eat at this restaurant because they will think of the reputation McDonalds has built over years. If this was only about the name they feel they are entitled to use, then why do they do every effort to make their store sign LOOK like a genuine McDonald's?

I agree. Trademark isn't just about the usage of the name, it's also gaining from another company's reputation. While using the prefix Mc alone isn't technically a breach of trademark, the similarity of the letters and the colours make it very suspiciously a copy of the McDonald's font.

Whatever people may think of McDonald's food is irrelevant, the fact is that their advertising which they spent lots of money on has been successful in getting customers into their stores. They quite rightly wanted to protect their interests in not having another company take the benefit from McDonald's advertising.

Again, whether people approve or disapprove of McDonald's tactics, they have every right to try to defend their intellectual property, and to vigourously pursue those that the company deems to have breached it. Fair enough, they lost this case. Without reading the full judgment I guess I can't comment on why, but perhaps it was ruled that no 'reasonable' person would confuse McCurry would McDonald's, or maybe a curry chicken store is of a significantly different business activity than a fast food burger joint. But that doesn't mean that they have been wrong to pursue it, nor does it mean that they should stop pursuing the 'little guys' in future if McDonald's feel that there has been any breach of trademark laws.



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User currently offlineRJAF From Jordan, joined Jan 2007, 314 posts, RR: 0
Reply 19, posted (4 years 11 months 3 weeks 2 days 22 hours ago) and read 1933 times:

Great news...I'm starting my own McFalafel soon  Wink


Chance favors the prepared mind
User currently offlinePellegrine From United States of America, joined Mar 2007, 2437 posts, RR: 8
Reply 20, posted (4 years 11 months 3 weeks 2 days 12 hours ago) and read 1861 times:



Quoting Maverick623 (Reply 11):
And, under US trademark law, if they don't enforce said trademarks, they eventually lose their exclusive rights.

The business owner is only required to maintain the trademark in the use of lawful trade and it is valid. The owner of the trademark is not required to defend it against all infringement if that infringement is "minor and inconsequential".

The test under US law is basically, "does the consumer confuse the identity or source of origin of goods?" In this case, that would be, "is McCurry related to McDonald's in the consumer's eyes?" Although in this case the colors and use of Mc (I do not buy the abbreviation, because it should be M C Curry or M.C. Curry) seem like an infringement, I do not see anyone becoming confused about this being related to McDonald's. I speculate though if this were in the US, McCurry's owners would have lost.



oh boy!!!
User currently offlineHAWK21M From India, joined Jan 2001, 31679 posts, RR: 56
Reply 21, posted (4 years 11 months 2 weeks 4 days 1 hour ago) and read 1664 times:

At times it looks like a Popular company going overboard with a remotely suspected threat to their products.  Smile
regds
MEL.



Think of the brighter side!
User currently offlineN1120A From United States of America, joined Dec 2003, 26444 posts, RR: 75
Reply 22, posted (4 years 11 months 2 weeks 1 day 4 hours ago) and read 1527 times:



Quoting CXB77L (Reply 18):

Again, whether people approve or disapprove of McDonald's tactics, they have every right to try to defend their intellectual property

A relatively common last name isn't exactly the strongest kind of intellectual property.



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User currently offlineCXB77L From Australia, joined Feb 2009, 2606 posts, RR: 5
Reply 23, posted (4 years 11 months 2 weeks 23 hours ago) and read 1481 times:
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Quoting N1120A (Reply 22):
A relatively common last name isn't exactly the strongest kind of intellectual property.

It's not just the name, it's the colours, the font, the logo etc that forms the trademark, and trading in a related field of business using the same or similar trademark is a violation of trademark laws. Besides, while it may be a common name, McDonald's has established a worldwide reputation with that name. If Mc Curry weren't trying to use McDonald's trademark as a way to gain some sort of free advertising, then why did their colour and font have to be the same as that of the fast food giant? If it really is meant to stand for Malaysian Chicken curry, why can't they call it M.C. Curry?



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User currently offlineKiwiandrew From New Zealand, joined Jun 2005, 8552 posts, RR: 13
Reply 24, posted (4 years 11 months 2 weeks 19 hours ago) and read 1451 times:
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Quoting CXB77L (Reply 23):
McDonald's has established a worldwide reputation with that name

They certainly have a 'reputation' but I cant imagine how anyone who sells food would think that their business would benefit from being associated with it - you might as well call your restaurant 'Typhoid Marys'.



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