McDonald's Fails At Claiming Its Mark

In the battle of brands, repute and mileage, the grapple is

often between MNCs and smaller local players, the latter often

find themselves buried under the brawl of an established brand

name. Wriggling out of such a situation is Sterling's Mac

Fast Food in the decision of McDonald's Corporation v.

Sterling 's Mac Fast Food. [2008 (37)PTC 247]

McDonald's adopted the trademark "BIG MAC" for

the first time in 1968 in USA. In India, they got registered

their marks BIG MAC, McDonald's as well as their corporate

logo 'M'. According to them, the word "BIG"

was registered on the condition that the same would not append

exclusivity, while "MAC" was allowed to be put to

exclusive use by them. They were the owner of several marks

incorporating Mc/MAC as the suffix or prefix. The usage of the

mark "MAC" as a prefix by Sterling's Mac Fast

Food, came to their notice and they alleged a mala fide

intention to trade upon their goodwill and reputation of BIG

MAC and Mc/MAC, asserting that the mark was in use since 1983.

On...