Word: mcdonald
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...Perhaps. But McDonald's has also had some big victories in its war against perceived interlopers. And in 2007, the U.S. fast-food giant won a battle against a local fast-food chain in the Philippines for borrowing from Ronald's good vibes: MacJoy was ordered to find a new name...
...Other entrepreneurs around the world have also won against McDonald's claim to its famous prefix in recent years. In 2001 McDonald's lost a nine-year legal battle against McChina Wok Away, a Chinese takeaway in London, and in 2004, McDonald's lost a trademark-infringement suit against a Singaporean firm that had used names like MacNoodles, MacTea and MacChocolate. "It opens the way for them and other [Malaysians] to use the Mc prefix without fear," says Sri Dev Nair, the Suppiahs' lawyer...
...venture in 2001, hoping to strike it big as a franchise. "At that time, there was no Indian food franchise in the country. We hoped to be the first," says Kanageswari Suppiah. "We were doing fairly O.K. until the first legal letter arrived from McDonald's. We almost had a heart attack," she adds. "They wanted us to take off the Mc or face a lawsuit...
...After they refused, McDonald's took the Suppiahs to court, winning the first legal battle, in which the court ordered them to take down the Mc prefix from their signboard. The couple complied, but urged by friends and patrons, they appealed to the Court of Appeal, which decided in their favor in April this year. That court ruled that McDonald's claim on the Mc prefix had no merit and that since McCurry exclusively sells Indian food, the corporation did not suffer any loss of business from the smaller eatery. McDonald's then applied for leave to appeal...
...restaurant has gradually gained a loyal clientele even as the suit weaved its way through the slow-moving judiciary. The publicity brought them additional patrons, including curious American tourists, Bollywood film crews and plenty of locals. "[Customers] usually attacked McDonald's as they tucked into our Indian dishes," says Mr. Suppiah. "We did gain from the publicity, but because of the lawsuit, we could not franchise our outlet." Adissayam Xavier, a regular customer at McCurry, agrees with its owners that the McDonald's suit has been unfair. "It is cold-hearted to try to put someone out of business simply...