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McCurry, the restaurant that defied the Big Mac wins eight-year battle

McDonald's has lost an eight-year trademark battle to stop a restaurant in Malaysia calling itself McCurry. The country’s federal court said the fast food giant could not appeal against another court’s verdict that had allowed the restaurant to use the ‘Mc’ prefix. The owner says McCurry, which serves Indian food, is an abbreviation for Malaysian Chicken Curry.

Malaysia's highest court agreed - and ruled that McDonald's cannot appeal the verdict in a precedent-setting judgement.The ruling by a three-member panel of the Federal Court ends all legal avenues for McDonald's to protect its name from what it said was a trademark infringement.McDonald's will have to pay 10,000 ringgit (£1,760) to McCurry, a popular eatery in Jalan Ipoh on the edge of Kuala Lumpur.

McDonald's lawyers refused to comment, except to say the company will abide by the judgement.McCurry lawyer Sri Devi Nair said the ruling means McDonald's does not have a monopoly on the prefix 'Mc,' and that other restaurants could also use it as long as they distinguish their food from McDonald's.Tears of a clown: The face of McDonald's, Ronald McDonald, at an outlet in a shopping mall in Kuala Lumpur

The prefix has already made its way into popular American lexicon. Graduates who end up in jobs below their qualifications term their employment 'McJobs', and characters on popular U.S. television show Grey's Anatomy term two of the male leads as 'McDreamy' and 'McSteamy'.

But the ruling was the first time another restaurant has been allowed to use the famous prefix while marketing its food.A three-member Appeal Court panel had ruled in favour of McCurry Restaurant in April this year when it overturned a 2006 high court ruling that had upheld McDonald's contention.

Arifin said McDonald's lawyers were unable to point out faults in the Appeal Court judgement, which had said there was no evidence to show that...