WHAT IS THERE IN A NAME?

by - Hesmel Faznee Faisal

This writer is having a good laugh after reading a news report on the trademark battle between a small and unknown curry house with a giant and international fast food restaurant, that took place in the local court here, in Malaysia.

Anyone who read about it could laugh in stitches to found out that the winner was the former and not the latter.

To add wound to the salt, the fast food restaurant was ordered by the court to pay a certain amount to the former in term of legal charges.

This is definitely a good example of a David and Goliath tussle where in the end; the gigantic Goliath was defeated by David with a catapult!

Obviously, everyone has the right to choose whatever names they wanted to but in this case, the gigantic company had accused the curry house as plagiarism simply because they used the word Mc in the name of the restaurant.

The court had also decided that the fast food restaurant does not have any privilege to stop others from using the word Mc simply because it is a normal practise that the prefix was extensively used around the world as surnames, particularly by people of Scottish origin.

Without looking at the facts given by the judge, the fast food restaurant can stand a chance to win the case hands down due to its influence in our society (Jose, you can't escape the fact that the number of outlet of that restaurant in Malaysia has reached more than a single digit!) but from the logical argument presented by court, it does makes sense and it occurs to this writer that whatever things that has been said by our ancestors is true and it is hard to deny at all.

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