Last week an appellate court in Malaysia brought to an end an ongoing legal battle that began in 2001. McDonald’s corporation sued the owners of the McCurry restaurant in Kuala Lumpur claiming likelihood of consumer confusion between the McCurry name and the McDonald’s trademark.
The menu at McCurry is traditional Indian food and the name supposedly stands for Malaysian Chicken Curry. There was no use of the Golden Arches in the McCurry trademark. The Appeals Court ruled there was no proof that the owner of the McCurry mark misrepresented the business to the public or confused consumers. The court examined the differences in food sold as well as the differences in the consumers.
During the pending legal battle, the owner of the McCurry restaurant removed the “c” from Mc on its signage. The “c” was replaced last week after the ruling.