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Page last updated at 09:35 GMT, Tuesday, 8 September 2009 10:35 UK

McCurry wins row with McDonald's

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McCurry owners P Suppiah and Kanageswary Suppiah on their legal victory

The American fast-food giant McDonald's has lost an eight-year legal battle to prevent a Malaysian restaurant calling itself McCurry.

McDonald's argued that the use of the "Mc" prefix infringed its trademark.

But the Federal Court in Kuala Lumpur ruled that there was no evidence to show McCurry was trying to pass itself off as part of the McDonald's empire.

The owner of McCurry insists its "Mc" prefix is an abbreviation for Malaysian Chicken Curry.

Long process

McDonald's, which has more than 180 outlets in Malaysia, first sued the McCurry restaurant in 2001.

A Malaysian with her baby walks in front of a McDonald's outlets in Kuala Lumpur
McDonald's has more than 180 outlets in Malaysia

A High Court ruled in favour of the international chain in 2006, but then McCurry took the case to the Court of Appeal, which overturned the ruling.

McDonald's then went down its final legal avenue, taking the case to the Federal Court.

But chief judge Arifin Zakaria said on Tuesday that the three-member panel had unanimously dismissed the application.

"We feel great that this eight-year legal battle is finally over," McCurry owner P Suppiah told reporters.

"We can now go ahead with whatever we plan to do such as opening new branches," he said.

McCurry opened for business in Kuala Lumpur in 1999, and serves Indian dishes, including fish head curry and breads including tandoori naan.

Lawyers for McDonald's told the Associated Press news agency that the company accepted the judgement.



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