Friday, May 1, 2009

McCurry vs McDonald's

The Malaysian Court of Appeal allowed an appeal by an Indian restaurant in Malaysia to use the name McCurry. It ruled that there was little danger of confusion as the McDonald's served fast food whilst the appellant sold Indian food. Further, the patrons of the Indian restaurant were adults whilst, accorduing to the court, McDonald's served mainly kids.

It should be noted that Malaysia does not have dilution provisions which may have given McDonald's a remedy without the need to show confusion.

No comments: