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McDonalds Loses Legal Fight Against MacNoodles 2004-09-20 @ 12:21:50
McDonalds Loses Legal Fight Against MacNoodles
U.S. fast-food giant McDonald's Corp. lost a legal battle in Singapore Monday to stop a food company from distributing products named MacNoodles, MacTea and MacChocolate
The world's largest fast-food company said Singapore-based Future Enterprises Pte Ltd. had copied McDonald's trademarks when registering its products in 1995. The High Court dismissed the case in April but McDonald's appealed. "McDonald's has spent millions to create goodwill and instant public recognition for its 'Mc' series of marks," said Davinder Singh, a high-profile Singapore lawyer who represented McDonald's, before the judge ruled against the fast-food chain. The ruling ends a courtroom tussle over intellectual property rights and anti-monopoly laws, and comes as Singapore positions itself as a bastion of intellectual property protection in Asia in an aggressive bid to attract foreign investors. Under a U.S.-Singapore Free Trade Agreement that took effect in January, the wealthy city-state's intellectual property laws were harmonized with those of the United States. Lawyers for Future Enterprises had argued that "MacNoodles," "MacTea" and "MacChocolate" bore no similarity to those of McDonald's. The Singapore products are packaged with an eagle logo and distributed in supermarkets and convenience stores.
"There can be no likelihood of confusion or deception. The marks are different in appearance, sound and concept," said the company's lawyer, Tan Tee Jim. McDonald's has restaurants in 119 countries and serves nearly 50 million customers a day in more than 30,000 restaurants. In Singapore, it has 129 restaurants.
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