McFlurries, McNuggets, McMuffins, and the latest McCafe, McDonald’s has built an identity behind A big M and little c. And the prefix has found its way into popular culture with references to McMansions, McSteamies, and McDreamies.  But is the “Mc” a protectable trademark for McDonalds?

A Federal Court in Malaysia doesn’t think so.  In a case first brought by McDonald’s in 2001, alleging that a local restaurant “McCurry” infringed on the famous trademarked “Mc”, the court held that there was no evidence that McCurry was attempting to emulate the Golden Arches.  And it ordered the U.S. franchise to pay 10,000 Malaysian ringgit (approximately $2900) in costs.

In the U.S., federal and state trademark laws protect the commercial identity of owners of a trademark, including goodwill, reputation, and advertising investment.  The trademark owners get exclusive right to use and profit from the trademark on a particular type of goods or services in the U.S.  Then, a company or individual who uses the trademark in a way that would cause confusion with the original trademark holder, is considered to have infringed on the trademark.  The trademark owner can file for an infringement and even collect damages.

The international application of trademark law through cases such as McCurry, is expanding our understanding on how U.S. trademarks are handled abroad.   The Malaysian ruling could mean big things for all of those itching to McName their McProducts internationally, so long as they don’t directly compete with McDonald’s. 

Related Resources:

  • McDonald’s loses trademark fight against McCurry (AP)
  • McCurry wins row with McDonald’s (BBC)
  • McDonald’s loses trademark battle over ‘Mc’ prefix  (Sun2Surf)
  • McDonald’s Loses Legal Battle with Malaysia’s McCurry (Wall Street Journal)
  • Patent, Trademark, and Trade Secret (FindLaw Library)
  • “Life Guard” - Trademark Protected or Not? (FindLaw’s Free Enterprise)

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