McDonald's loses McBattle to McCurry

It's the end of a long battle for McBully.

Imagine the amount of effort, time and money that has been spent by McDonald's in this lawsuit to win the exclusivity to the use of the prefix “Mc” over its rival McCurry? It could have been better used to McFund some CSR (Corporate Social Responsibility) programme or concentrate on effort to improve the quality of food and services to its customers.

Even after losing the second round in the eight year court case, the US fast food giant wasn't about to accept defeat. In the first round of the battle in 2006 the High Court ruled in McDonald’s favour. McCurry was ordered to pay damages to McDonald's.

In its statement of claim, McDonald’s said it created the prefix ‘Mc’ as a trademark and that with the usage of the prefix ‘Mc’, together with the word ‘Curry’, McCurry Restaurant, which was formerly known as Restoran Penang Curry House (KL) Sdn Bhd, had misrepresented itself as being associated with McDonald’s business.

McCurry in its defense contended that McDonald’s could not claim monopoly or exclusive rights to the use of the prefix ‘Mc’ which was extensively used around the world as surnames, particularly by people of Scottish origin.

McCurry later appealed, and in April 2009 the Court of Appeal disagreed with the High Court's 2006 decision.

Judge Datuk Gopal Sri Ram, in delivering judgment, said McCurry’s Restaurant signboard would not result in reasonable persons associating McCurry with the McDonald’s mark. He added that the fact that McCurry Restaurant chose the name ‘McCurry’, could not, by itself, lead to the inference that it sought to obtain an unfair advantage from the usage of the prefix ‘Mc’.

Unsatisfied with the outcome, McDonalds then referred the case to the Federal Court. On September 8 (2 days ago) the Federal Court unanimously dismissed McDonald's application for leave, on the grounds that the questions posed by McDonald's were not properly framed.

Chief Judge of Malaya Tan Sri Arifin Zakaria who sat with Federal Court judges Datuk Wira Mohd Ghazali Mohd Yusoff and Datuk James Foong, also ordered McDonald's to pay RM10,000 cost to McCurry.

Reuters, in its article McCurry beats McDonald's in lawsuit, Wed Apr 29, 2009 -- referring to outcome of the second round of the court case -- labeled the article under the oddly enough category.

The courts has meted their wise decision. Bravo to McCurry who braved the wave on its inexorable opponent by finally trumping its nemesis in the final rounds. McDonald's can now put the 'chicken' where their mouth is.

My verdict: McDonald's is McRidiculous