Wednesday, September 9, 2009

Federal Court refused leave for McDonalds to appeal


PUTRAJAYA, 8 Sept 2009: The battle by fast food chain McDonald's Corporation to stop local Indian restaurant McCurry Restaurant (KL) Sdn Bhd from using the "Mc" prefix ended today. The Federal Court, comprising Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court Judges Datuk Wira Mohd Ghazali Mohd Yusoff and Datuk James Foong, today unanimously dismissed McDonald's application for leave to appeal against the Court of Appeal's findings on the usage of the prefix, on the grounds that the questions posed by McDonald's in the application were not properly framed. Justice Arifin also ordered McDonald's to pay RM10,000 cost to McCurry.

The two questions framed by McDonald's were that the prefix "Mc" would cause the public to associate McCurry with McDonald's; and that the usage of "Mc" would reduce the importance of the prefix for McDonald's.

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