Latest news with #McPatel
Mint
5 days ago
- Business
- Mint
The Big ‘Mc' Feud: Here's why a Gujarat snack maker is suing McDonald's
McPatel Foods Private Limited has filed a civil suit against McDonald's Corporation before an Ahmedabad rural court. The Gujarat-based snack maker alleged that it has been receiving 'groundless threats' from the American fast-food chain due to its use of the mark 'McPatel.' The Indian snack maker filed the suit under Section 142 of the Trade Marks Act, 1999, aiming for an injunction to prevent McDonald's from initiating or threatening legal action over its use of the 'Mc' prefix in its corporate and product branding. The case is listed for hearing on July 28, 2025, Bar and Bench reported. The conflict began when McPatel Foods applied to register the mark 'McPatel' under Class 30 (covering bakery goods, snacks, noodles, confectionery, sauces and frozen foods) in March 2024. However, on August 27, 2024, McDonald's filed an objection before the Indian Trade Marks Registry against this application. In its notice of opposition, McDonald's alleged the following: Deceptive similarity: McDonald's claims that the 'McPatel' mark is deceptively similar to its 'Mc' and 'Mac' family of trademarks, including McDonald's, McFries, McChicken and others. Acquired distinctiveness: The 'Mc' prefix, according to McDonald's has gained distinctiveness globally since the 1970s, and since 1996 in India due to its widespread use. Global enforcement: McDonald's argues that its trademarks are registered in more than 100 countries, solely with an aim to protect against third-party use of 'Mc'-formative marks. Dominant element: The fast-food chain also argues that 'Patel' and 'Foods' are quite common, making 'Mc' the dominant and source-identifying element in 'McPatel'. Bad intention: McDonald's also alleged that McPatel adopted the mark in bad faith to benefit from McDonald's goodwill, leading to confusion and deception and of the brand's reputation. In its counter statement filed on October 29, 2024, McPatel Foods denied all allegations, asserting the following: Legitimate adoption: The Indian snack maker claimed that the mark was adopted from its registered corporate name and trading style, with no intent to misrepresent or unfairly benefit from McDonald's reputation. Distinct identity: The company said that it is a legally incorporated Indian MSME specialising in processed food, particularly in frozen French fries and their mark is also visually, phonetically and conceptually different from McDonald's trademarks. No prior conflict: The Trademark Registrar is said to have found no conflicting marks at the examination stage, leading to the application's acceptance and advertisement. Lack of evidence: McPatel also pointed to the absence of actual confusion or consumer deception. Jealousy: McPatel contends that the opposition is driven by 'business jealousy' and is filed in bad faith to harass a domestic company. McPatel stood by its rationale that 'Mc' is a common prefix and McDonald's cannot claim monopoly over it across all combinations or industries. As of now, the trademark registry has not made a final decision on the dispute. The ongoing litigation is expected to cause further delays, as reported by Bar and Bench.
Time of India
6 days ago
- Business
- Time of India
McPatel takes on McDonald's over ‘Mc' monopoly
In what promises to be the mother of all delicious legal battles over the use of 'Mc', which means 'son of', a local food company, McPatel Foods Pvt Ltd, has dragged global fast-food giant McDonald's Corporation to the court. The Ahmedabad -based firm, which sells French fries under the brand 'Ohh! Potato', filed a trademark suit accusing McDonald's of issuing 'groundless threats' over its use of the prefix. Last month, McPatel moved the Ahmedabad rural court, seeking to restrain McDonald's from objecting to the use of 'Mc' in its name. The suit was filed under Section 142 of the Trademark Act to prevent the multinational company from issuing 'groundless threats'. According to senior counsel H S Tolia, representing McPatel, 'McDonald's issued a notice to McPatel claiming that the prefix Mc is its identity and insisted that the local company should stop using this prefix or else it would take legal action. Since initiating mediation proceedings is a prerequisite before filing a commercial suit, McDonald's instituted mediation proceedings in the Delhi high court and McPatel participated in it. However, McDonald's was adamant that McPatel must not use Mc in its trademark and the parties could not reach any compromise.' 'Since the mediation proceedings did not yield any result, McPatel filed a suit in the Ahmedabad rural court, seeking to restrain McDonald's from threatening it with legal action,' added Tolia. 'This is because McPatel is entitled to use the prefix Mc on several counts. We contend that the prefix Mc is very generic, and it means 'son of'. By citing different examples of the use of this prefix, we have stated that the name suggests the son of Patel. It is aimed at honouring the Patel community .' The court has issued a notice to McDonald's and scheduled a hearing on the matter for July 28.
Time of India
7 days ago
- Business
- Time of India
McPatel takes on McDonald's over ‘Mc' monopoly
Ahmedabad: In what promises to be the mother of all delicious legal battles over the use of 'Mc', which means 'son of', a local food company, McPatel Foods Pvt Ltd, has dragged global fast-food giant McDonald's Corporation to the court. Tired of too many ads? go ad free now The Ahmedabad-based firm, which sells French fries under the brand 'Ohh! Potato', filed a trademark suit accusing McDonald's of issuing "groundless threats" over its use of the prefix. Last month, McPatel moved the Ahmedabad rural court, seeking to restrain McDonald's from objecting to the use of 'Mc' in its name. The suit was filed under Section 142 of the Trademark Act to prevent the multinational company from issuing "groundless threats". According to senior counsel H S Tolia, representing McPatel, "McDonald's issued a notice to McPatel claiming that the prefix Mc is its identity and insisted that the local company should stop using this prefix or else it would take legal action. Since initiating mediation proceedings is a prerequisite before filing a commercial suit, McDonald's instituted mediation proceedings in the Delhi high court and McPatel participated in it. However, McDonald's was adamant that McPatel must not use Mc in its trademark and the parties could not reach any compromise." "Since the mediation proceedings did not yield any result, McPatel filed a suit in the Ahmedabad rural court, seeking to restrain McDonald's from threatening it with legal action," added Tolia. "This is because McPatel is entitled to use the prefix Mc on several counts. We contend that the prefix Mc is very generic, and it means 'son of'. By citing different examples of the use of this prefix, we have stated that the name suggests the son of Patel. It is aimed at honouring the Patel community." The court has issued a notice to McDonald's and scheduled a hearing on the matter for July 28.
