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Intellectual Property - Trade Marks
In September 2006 the Kuala Lumpur High Court ruled that fast-food company McDonald's had an exclusive right to use the prefix 'Mc'. The court ordered McCurry Restaurant to stop using the prefix as part of its trade name and awarded damages and costs to McDonald's. However, on April 29 2009 the Court of Appeal overturned the High Court's decision. The appeal court held that McCurry did not misrepresent itself or confuse the public when carrying out business under the name 'Restoran McCurry'. The court noted the following distinguishing features in how the two parties conducted their business:
"The McDonald's logo consists of a distinctive 'M' shaped as golden arches with the word 'McDonald's' in the background, while McCurry's sign comprises the words 'Restoran McCurry' in white and grey lettering on a red background, with a picture of a chicken giving the thumbs-up and the phrase 'Malaysian chicken curry'.
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