In a rare legal confrontation, Ahmedabad-based food company McPatel Foods Pvt Ltd has filed a suit against McDonald’s Corporation, challenging the latter’s exclusive claim over the use of the prefix “Mc.” The local business alleges that McDonald’s has issued “baseless legal threats” and is seeking judicial protection under Section 142 of the Trademarks Act.
Dispute Over ‘Mc’ Branding Heats Up
McPatel, known for marketing French fries under the ‘Ohh! Potato’ brand, filed the lawsuit in the Ahmedabad rural court last month. The company asserts that McDonald’s is unjustly pressuring it to abandon the ‘Mc’ prefix from its business name, citing trademark infringement.
McPatel’s legal counsel, senior advocate H.S. Tolia, explained that McDonald’s had served a legal notice claiming exclusive rights to the ‘Mc’ prefix in commercial branding. The American fast-food chain allegedly warned McPatel of potential legal consequences if the prefix was not dropped.
Mediation Attempt Fails
Before taking the matter to court, McDonald’s initiated mediation proceedings at the Delhi High Court, which is a required preliminary step in commercial disputes. McPatel participated in the mediation process, but no resolution was achieved, as McDonald’s reportedly refused to compromise on its position. With mediation talks collapsing, McPatel moved to file a formal case in Ahmedabad, asserting that McDonald’s stance is overly aggressive and lacks legal foundation.
The core of McPatel’s argument lies in the interpretation of the ‘Mc’ prefix. The company argues that ‘Mc’ is a generic term with origins in Gaelic, meaning “son of,” and is commonly used in surnames and business names globally. Hence, it contends that McDonald’s cannot claim monopoly over the prefix in all branding contexts.
The Ahmedabad rural court has taken cognizance of the matter and issued a notice to McDonald’s. The court has scheduled the next hearing for July 28, where both parties are expected to present their arguments.
Broader Implications for Branding and Trademark Law
This case could set a significant precedent regarding the scope of trademark protection in India, especially for global brands asserting rights over common or generic name elements. Legal experts say it will test the balance between intellectual property rights and fair market competition.
As the hearing approaches, the outcome may shape how Indian courts view multinational brand influence over smaller local businesses using similar naming conventions.
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