PUTRAJAYA, Sept 8 (Bernama)-- World fast food chain McDonald's has lost the battle to stop local Indian restaurant McCurry Restaurant (KL) Sdn Bhd from using the "Mc" trademark.
In announcing a unanimous decision today, the Federal Court also ordered McDonald's to pay RM10,000 cost to McCurry which has an outlet in Jalan Ipoh in Kuala Lumpur.
"Our view is that the questions posed by McDonald's were not properly framed and the court should dismiss the leave application," said Chief Judge of Malaya Tan Sri Arifin Zakaria who sat with Federal Court Judges Datuk Wira Mohd Ghazali Mohd Yusoff and Datuk James Foong.
The court adjourned the case yesterday after finding questions raised by Mcdonald's lawyers were unclear and asked that they be rephrased.
McDonald's filed a leave application to appeal after the Court of Appeal on April 29 ruled it was wrong to assume that McDonald's had a monopoly on the use of the prefix 'Mc'.
A High Court had earlier ruled in favour of McDonald's but McCurry took the fight to the Court of Appeal.
During the court hearings, McCurry contended that McDonald's could not claim monopoly or exclusive rights to the use of "Mc" as that prefix was extensively used around the world as surnames, particularly by people of Scottish origin.
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