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McDonald's loses appeal in Malaysian trademark battle
September 7, 2009
McDonald's has lost its appeal of a Malaysian court's decision regarding a local Indian restaurant's use of the prefix 'Mc,' according to a story in Malaysia's The Sun Times, ending a lengthy court battle.
Initially, McDonald's appeared to have won the trademark infringment suit against McCurry Restaurant, which was ordered to cease using the Mc prefix, which McDonald's had trademarked.
Earlier this year, the Kuala Lumpur Court of Appeal reversed that decision, determing there was no evidence to show that McCurry Restaurant, whose tagline is 'Malaysian Chicken Curry,' was passing off McDonald's business as its own.
According to The Sun Times, McDonald's appealed the ruling, claiming the use of the Mc prefix improperly associated the restaurant with McDonald's and would reduce the importance of the prefix to the company. The Federal Court dismissed the company's claim, stating that McDonald's failed to show its questions were related to the court's findings. McDonald's was ordered to pay McCurry Restaurant RM10,000, about $2,845 U.S. dollars, in court costs.
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