In what is widely seen as a victory for the little guy, Malaysia has ruled that McCurry Restoran on Jl. Ipoh in Kuala Lumpur wasn't infringing on the McDonalds copyright or franchise. Silly stuff, but if McDonalds doesn't defend it's franchise around the world, we might see McSatays in Bali, McAdobo in Manila, and McSomTam in Bangkok.
Malaysia's highest court ruled Tuesday against US fast food giant McDonald's, which has waged an eight-year battle to prevent local eatery "McCurry" from using the prefix "Mc" in its name.
"It is the end of the road for McDonald's. McCurry can use the prefix," said lawyer Sri Dev Nair who represented the family-owned restaurant, which serves up Malaysian favourites including tandoori chicken and fish masala.
"McCurry and McDonald's are two different businesses which sell different types of food and they have different customers," he said, rejecting McDonald's claim that the use of "Mc" in its name could create confusion.
Liam Jeory, McDonald's Hong Kong-based spokesman, said the company would abide by the court's decision.
"We respect the finding of the court and beyond that have no further comment," he said in a statement to AFP.
In April, McCurry scored a David-and-Goliath victory when the appeals court overturned a 2006 high court decision that McCurry had illegally infringed on the burger chain's trademark.
McDonald's on Tuesday sought permission from the federal court to contest the appeals court decision, but judges denied the application and said the burger chain's petition was "not properly framed".
"It is unfortunate we have to dismiss the application with costs," said Judge Arifin Zakaria, who headed the three-member panel. Costs amounted to 10,000 ringgit (2,845 dollars).
"Justice has been served. The food that we serve is very different from McDonald's," said McCurry owner Kanages Suppiah.
"We have no similarities with them at all. That's what we have felt all this while and that's why we could go on until this stage," she told reporters.
The McCurry restaurant, which the owners say is short for Malaysian Chicken Curry Restaurant, was established in 1999. McDonald's has 185 outlets in Malaysia, the first of which it opened in 1982.
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