From the Associated Press

[deckardcanine]

Not Lovin' It: American fast-food giant McDonald's lost an eight-year trademark battle to prevent Malaysian restaurant McCurry from using the "Mc" prefix, in a precedent-setting judgment by Malaysia's highest court. The Federal Court ruled Tuesday that Oak Brook, Ill.-based McDonald's cannot appeal against another court's verdict that had allowed McCurry to use "Mc" in its name. The owner says McCurry, which serves Indian food, is an abbreviation for Malaysian Chicken Curry.

Put that in your McPipe and smoke it!

Comments

[ccdesan.livejournal.com]

HalleMcLujah! I've often wondered what would happen if somebody in Glasgow named McDonald wanted to open up a restaurant named "McDonald's Hamburgers". I can just see the commentary now: "I've had title to this bluidy name for over a thousand years!"

Probably one of the most evil companies in existence...

[sleepyjohn00.livejournal.com]

They did, and they did.

Years ago, McDonald's in Britain tried to sue the Clan Donald for use of the name McDonalds. They lost, big time. So the company decided to use a plaid on their British workers' uniforms. They chose the Clan Lindsey tartan.

I looked around for a while for verification of that, but couldn't find any. I'm a Donald, it's a reasonably famous anecdote in the clan tents.

[ccdesan.livejournal.com]

Another gratifying story. I haven't eaten at McSlaughterhouse for years...

[deckardcanine.livejournal.com]

It's even worse when you consider that the founder's name was nowhere close to "McDonald."

[jordan179.livejournal.com]

That was pretty stupid of McDonald's, to even attempt such a broad-reaching trademark claim. They're lucky the court didn't impose damages on them for their temerity. Seriously.

[ccdesan.livejournal.com]

I'm with you all the way. But money talks, and lawyers are hungry. "Anything-Я-Us" has successfully sued the tiniest mom-and-pop stores all around the country (and world) in aggressive defense of their trademark. One such story (with a happier ending) is here: http://www.communigate.co.uk/ne/catsrus/page5.phtml.

[deckardcanine.livejournal.com]

At least that format is easier to avoid. And easier to confuse with the same company.

[level-head.livejournal.com]

The demurrer was unsuccessful; the Court felt that they had a colorable case. This battle went on for most of a decade.

It seems to me that almost any prefixing of "Mc" in front of a noun that wouldn't normally be subject to it -- such as McCurry -- would make a person think of McDonalds.

An example: McJob. It's intended to make one think of that company in particular, and not Scottish ancestries.

Trying to sue for use of the full name McDonald would be nearly guaranteed to fail, and I am surprised that they allegedly tried.

But the use of a "Mc-" prefix by a restaurant in a country in which McDonald's is well known? I think they had at least an arguable position. If "MCCurry" had been written that way, and the style was in use before the arrival of McDonald's, that would be a perfectly valid defense.

But McCurry, done later? Not so much, I think.

===|==============/ Level Head