1. In your opinion which form of IP has been involved in this case study?

The issue is McCurry which was formerly known as Restoran Penang Curry House (KL) Sdn. Bhd. Was using the MacDonalds trademark Mc for its business without consent from MacDonalds. In my opinion towards this case, form of intellectual property that involve in this case is trademark. IP or intellectual property is a term referring to a number of distinct types of creations which a set of exclusive rights that are recognizable in the corresponding law. Under IP law, the owner of the properties has certain exclusive rights to their creative work, commercial symbol, or their own invention. Intellectual property which is protected under Malaysian law includes patent, trademark, copyright, industrial design, geographical indication and layout design of integrated circuit. In this case, if the MacDonalds company wants to take legal action towards McCurry they can act under trademark law. Trademark is a sign which distinguishes the goods and service of one trader from another trader. They includes words, logo, pictures, names, letters, numbers or any combination of these. Trademark is used as a marketing tool to enable customers to recognise their product or items of a company. So Mc is using by MacDonalds to make them recognizable. Then McCurry has use the same Mc logo for their business. State together McDonalds corporate logo used from November 18, 1968 to 2006. It was founded on May 15, 1940 in San Bernardio, California. This proved the logo is absolutely owned by MacDonalds corporation so they have their rights to take any legal action to the McCurry.

2. What is McDonald's argument against McCurry? McDonalds in their arguments highlight to the court that it had acquired for ownership, goodwill and reputation in the business in relation to the undisputable extensive use of Mc either when it used singularly or in conjunction with an item of food to that prefix Mc. Mcdonalds restaurants in Malaysia known as Restoran McDonalds using a signage to comprise their sign in white lettering and grey shading on a red background. The usage of this colour scheme has been continuos and consistent. McDonalds also brought evidence to show that consumers here expect to see these colours on the signage of a McDonalds restaurant as an identifier of the McDonalds restaurant. The High Court refer to the clear disparity in the nature of the food and beverage offered at the McCurry restaurant have found McCurry was deceptively similar to the chains distinctive Mc, prefix of Mc also the colour schemes on the signboard of its restaurant would bring into confusion and deception. The High Court agreed that Mc was distinctive of McDonalds either when used singularly or in conjunction with food. The High Court held that McCurrys act was a deliberate attempt to get an unfair advantage from McDonalds goodwill and reputation over the trademark McDonalds to McDonalds detriment. It also held that McDonalds had established its case against McCurry both under the traditional and extended form of passing off. McCurry then filed an appeal against the decision of High Courts decision at the Court of Appeal.

3. Which company has the exclusive rights towards the prefix Mc ? Referring to this case, McDonalds corporation is actually having the exclusive rights towards the prefix Mc. This is because, we already know that McDonalds branches are everywhere and almost worldwide. To have such a big support they need to be registered. Once the corporation is registered, anything regarding to them is all right reserved which means whoever wants to use their trademark must have consent from them. This is because established trademark is a valuable asset. Trademarks may be licensed or franchised.

Looking to the origin function of trademark, it helps to identify the source and those responsible for the products and service sold in the market. By exclusive rights also said that registered trademarks owners have exclusive righ t to use their mark in trading. They will also have the rights to take legal action for infringement under the Trademark Law against others who use their marks without consent. Under this trademark intellectual property McDonalds here can take civil action or lodge complaints to the enforcement division for appropriate actions under the Trade Description Act 1972.

Trademark protection in Malaysia is governed by the Trademarks Act 1976 and the Trademarks Regulations 1997. As a conclusion, McDonalds corporation which has registered for their trademark has the exclusive rights towards the prefix Mc.