M/s. P.C. Mallappa & Co v. McDonald’s Corporation
1999 PTC 9 Karnataka
- Plaintiff, McDonald’s Corporation, claimed to have a World Wide Reputation in its ‘M’ Logo.
- Plaintiff was in the business of restaurants and fast foods.
- Plaintiff had recently opened a Bangalore Office.
- Plaintiff came to know that Defendant is using its logo with Mallappa as trading style for a Sanitary Ware shop.
- Plaintiff filed a Suit for passing off and infringement of Copyright against Defendant.
- Additional City Civil Judge, granted a temporary injunction in favour of the Plaintiff.
- The Defendant filed an appeal. The present decision is on that appeal.
- Plaintiff/Respondent has not established any user in India. Its goods have not reached Indian Customers.
- Defendant/Appellant is prior user in India. Therefore, no case for passing off.
- Defendant deals in tiles
- Mere selection of locations for opening restaurants in Bangalore and Delhi cannot create any right in favour of the Plaintiff.
- Appellant has a Registered Copyright.
- Section 40 of Copyright Act, 1957 recognises International Copyright.
- There is trans border reputation in ‘M’ Logo
- Appellant is not the creator of ‘M’ logo. The logo of Respondent was created in 1968.
- It is undisputed that ‘M’ logo has been used by Respondent in many countries since 1968. It is well-known and famous.
- The logos are similar and identical.
- There is a possibility that an ordinary consumer may mistake that there is some connection between the Plaintiff and the Defendant.
The Appeal was dismissed.