Now the question is, was there a legal misrepresentation on the part of Mc Curry? Was there intention on their part to mislead the public at large? Just by looking at the picture above, one can clearly see that the business is a very common and low end Indian restaurant, the board clearly doesn't look anyway close to McD's and the appearance of the shop in it self is far from McD's & everyone can almost immediately recognize it as an Indian eatery. Another question is, did McD's ever have a meal called McCurry? has McD's ever patented McCurry? How is curry associated with an American eatery such as McD's? Now, wouldn't any clear thinking person see the vast difference between this two? it's pretty obvious! One has to be blind to deny the obvious difference between both business establishments. In any business, a tag line or catchy name is always advisable and this couple decided to choose McCurry. Going on further, Mc is a front surname of many people around the world especially in Scotland, i personally had a friend in church who was an alter boy with me and he was English by the name of Peter McDermott. Now, are people with Mc surnames risking their lives of being sued by McD's? McD's has to get real, this surname existed for centuries before McD's! As far as i see it, the Law is very clear & precise. One must have the intention to misrepresent themselves and in this case it's clearly a case of no intention whatsoever. One is American & the other is Malaysia of Indian origin, two different businesses all together, two different markets, two different cultures, two different languages, infact a Malaysia Indian may be speaking two or three languages unlike an American. Its two different market segmentations all together unless a person is blind! I congratulate the highly learned Malaysian judges for deciding correctly without discriminating the fact that one is an International Giant and the other a small little eatery.
To McD's i say, Stop being a Typical American Bully!
Syabas Saya ucapkan kepada Ketua Hakim Negara Tan Sri Arifin Zakaria serta Hakim-Hakim Datuk Wira Mohd Ghazali Mohd Yusoff and Datuk James Foong.
