!! McDonald's Corp vs McDonald's Corp Limited !!

Local restauranteur taken to court by global bully
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
BETWEEN:
McDONALD'S CORPORATION
A N D
McDONALD'S CORPORATION LIMITED
1ST DEFENDANT

VINCENT CHANG
2ND DEFENDANT

As McDonald's expansion plans continue, the caribbean sees McDonald's embroiled in yet another court case, this time over trademark and goodwill!

Wanting to open its first store in Jamaica, McDonald's found an existing restaurant operating under this name. Open since 1971, the defendants now find themselves defending THEIR name and goodwill against that of McDonald's Corp. - as part of their defence they looked to the internet.

In a precedent setting judgement, the judge admitted evidence that the defence had taken off the Internet . The defence's legal representative's have confirmed this information was taken from McSpotlight. Concerning McDonald's record on hygiene, safety and the public's perception of the company, McDonald's attempt to suppress the information was refuted by the judge.

The following are the initial court documents to the case outlining both parties positions.


  • McDonald's Writ McDonald's issued a restraining claim on the defendants, which virtually disabled the defendants from operating their business interests.

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  • Kenneth Hadland's (an Assistant Vice President and Assistant General Counsel of McDonald's) - affadavit giving further details of McDoanld's claims against the defence.

  • Defence and ....
    Refuting McDonald's claims, the defence revealed that a restaurant had operated under the name McDonald's continuously since 1971.

    Additionally, the court was told that the design and presentation had remained largely the same and the goodwill toward McDonald's was and is greater for the defence than the plaintiff.

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    ... Counterclaim: the defence cited details of food poisoning outbreaks in McDonald's stores in both Britain and the U.S. and complaints in the rest of the world, aswell as McDonald's being forced to withdraw advertising campaigns because of their misleading nature, the source of this material is later to be revealed as the internet. This is the defence's counterclaim against McDonald Corp.

  • Statement of Claim McDonald's set out the details of their case, accusing the defendant of purposefully using the "McDonald's" name, logo and presentation as an attempt to exploit the name of McDonald's international and that the continued usage of these is 'damaging' to McDonald's Corp in Jamaica ..... eventhough McDonald's have never operated a store in there.
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  • Vincent Chang's (defendant) affadavit - further details for the defence and details against McDonald's Corporation taken from the internet.

    The defence claimed that McDonald's Corporation would be infringing upon the goodwill of the defence on the island by opening a store, and, not the other way round as claimed by the plaintiff.

    • Outcome: in a stunning judgement, the judge has sided with the local McDonald's. The result is that McDonald's Corp. is now BANNED from opening any store in Kingston, Jamaica until the full legal action is complete - not expected until some time in 1998!!


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