Disputed culinary clash: The Gujarat snack manufacturer filing a lawsuit against McDonald's
In the heart of India, an intriguing trademark dispute is unfolding between McPatel Foods, an Ahmedabad-based snack maker, and the global fast-food giant, McDonald's Corporation. The crux of the matter revolves around the use of the "Mc" prefix, a point of contention that will be addressed in a court hearing scheduled for July 28, 2025.
McPatel Foods, a registered MSME operating in the processed food sector, particularly in frozen french fries, filed a civil suit under Section 142 of the Indian Trade Marks Act, 1999, seeking an injunction to restrain McDonald's from issuing or threatening legal actions against McPatel’s use of “McPatel” in its branding.
McDonald's opposes McPatel’s trademark application, filed in March 2024 under Class 30 for snacks, bakery goods, etc., claiming "McPatel" is deceptively similar to their established trademarks like McDonald’s, McFries, and others in the "Mc/Mac" family. The multinational corporation filed an objection through their law firm SS Rana & Co in August 2024, demanding McPatel cease use of the "Mc" prefix.
McPatel Foods, however, argues that the "Mc" prefix in their mark derives from their registered corporate name and the Patel community (where "Mc" signifies "son of Patel"), and there is no intent to confuse consumers or benefit unfairly from McDonald's brand. They assert the marks are visually and conceptually distinct and allege McDonald’s action stems from business jealousy and bad faith harassment. McPatel contends McDonald’s threats are groundless and seeks judicial protection from such threats.
The hearing set for July 28, 2025, is anticipated to be pivotal, but no verdict has yet been delivered. The trademark registry process remains pending, and the court's interpretation of trademark laws including the protectability of the prefix "Mc" in this context will be crucial.
The outcome of this dispute will clarify the scope of trademark protection for prefixes like "Mc" in India and how precedent applies to domestic versus global brands in similar conflicts. It is a significant case that will undoubtedly set a precedent in the Indian trademark landscape.
References:
- The Economic Times
- Business Standard
- Livemint
The ongoing dispute between McPatel Foods and McDonald's Corporation, centered around the use of the "Mc" prefix, raises questions about the protectability of such prefixes in the Indian trademark landscape. The outcome of this case, filed under Section 142 of the Indian Trade Marks Act, 1999, could potentially set a significant precedent for domestic and global brands facing similar conflicts. This high-profile business disagreement is deeply intertwined with the realm of finance, as both parties seek to secure their respective interests financially and commercially.
