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US McDonald's vs. Malaysia McCurry
Malaysia's 'McCurry' beats McDonald's in Trademark

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.

The reason used by the court to rejecting McDonald's claim that the use of "Mc" in its name could create confusion is McCurry and McDonald's are two different businesses which sell different types of food and they have different customers. There should not be create confusion.

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".

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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    Phang Wai San

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