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McDonald’s Loses Second “McCurrie” Case
19 December 2012
Fast-food chain McDonald’s has lost again in an attempt to stop a locally owned restaurant from using the name “McCurrie” in its advertising.
Lanka Spice Limited, a Sri Lankan company known for its spices, curry powder and condiments, had applied to register its trademark logo with the word McCurrie. McDonald’s opposed the mark, saying it infringed their trademark.
In September 2009, McDonald’s lost a lengthy battle to a Malaysian restaurant named McCurry when the Federal Court in Kuala Lumpur ruled there was no evidence to show that McCurry was trying to pass itself off as part of McDonald’s. The restaurant’s owner said the “Mc” prefix was merely an abbreviation for Malaysian chicken curry.
Sri Lanka’s Intellectual Property Office rejected the notice of opposition, ruling that the facts did not show any violation of the country’s intellectual property laws, noting that the LSLs “McCurrie” only sells raw spices through groceries and supermarkets in Sri Lanka and does not compete in the restaurant industry. LSL’s products have been in the market since 1982, according to local media reports.
LSL chair Nalin Pathikirikorale told reporters that the word “Mc” is a combination of the location of LSLs factory – Makumbura – and the fact that the company only produces condiments.
“Now that we have won, we want to put the nightmare behind us and focus on developing the McCurrie franchise,” he told reporters. “Further, we will now take steps to register the brand ‘Mc Curry’ for a new range of curry bases.”
