In the ongoing battle between McDonald's and Malaysia's McCurry restaurant for use of the prefix "Mc", the country's highest court on Monday said it will consider on Tuesday whether to allow the US fast food giant to pursue the trademark case against the local eating house.
McDonalds had filed a leave application in the Federal Court after it lost its exclusivity to use the prefix "Mc" when a Court of Appeal allowed local McCurry Restaurant to use it in its business signage.
Federal Court Chief Judge Arifin Zakaria ordered McDonald's counsel S F Wong to rephrase the questions on the exclusive usage of the prefix "Mc".
Arifin said the court was not very clear on the questions raised by Wong, and this was supported by counsel Sri Dev Nair who appeared for McCurry Restaurant.
"The questions McDonald's filed are not clear, so they (the three-member panel) want them to reframe the questions," Nair said later.
Some questions in Wong's submission had not been raised in the Court of Appeal, he said.
The Court of Appeal had ruled that it was wrong to assume that McDonald's had a monopoly in the use of the prefix "Mc" on its signage or in the conduct of business, and the inference to be drawn from the evidence is that McCurry Restaurant's signboard would not result in people associating it with McDonald's mark.