McCurry beats McDonald's in lawsuit

KUALA LUMPUR Wed Apr 29, 2009 5:49pm EDT

A child eats a hamburger at a McDonald's outlet in Beijing in this file photo from February 5, 2009.REUTERS/Jason Lee

A child eats a hamburger at a McDonald's outlet in Beijing in this file photo from February 5, 2009.

Credit: Reuters/Jason Lee

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KUALA LUMPUR (Reuters) - Fast food chain McDonald's lost a lawsuit in Malaysia on Wednesday after an appeals court overruled a decision that its trademark had been infringed by a local restaurant called McCurry.

"Where the learned judge, with respect, erred is to assume that McDonald's had a monopoly in the use of the prefix 'Mc' on a signage or in the conduct of business," Judge Gopal Sri Ram said, overturning a 2006 ruling in favor of McDonald's.

The McDonald's operation in this Southeast Asian country of 27 million people is run as franchise by prominent businessman Vincent Tan and has 185 outlets, according to the company website (www.mcdonalds.com/my).

McCurry, by contrast, serves Indian fast food from one restaurant in Kuala Lumpur as well Malaysian dishes such as fish head curry and is short for "Malaysian Chicken Curry," according to the company website (www.mccurryrecipe.com).

(Reporting by David Chance; Editing by Bill Tarrant)

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