Question 16 Marks
P.C. Mallappa and Company, which is based in Bangaluru and Mangalore and deals in tiles and sanitaryware merchandise, has filed a suit against McDonalds challenging its right to use the logo. The issue first surfaced in 1994 when the American fast food giant sent a notice to the company accusing it of violating its internationally well-known logo.
Mallappa has moved the Delhi High Court for cancellation of the Macs registered M logo on the premise that the fast food giant has not used its logo since 1991 when it registered it in India. so this invalidates Big Macs claim to exclusivity over the logo. Further, the firm claims that while Big Macs logo was of a single line, its own logo had double lines. Hence, there was no confusion. In its notice to Indian firm, McDonalds Indian lawyer has held that the fast food giant had been using the logo for many years and also been operating a chain of fast food outlets in many countries which came to be known as the Big Mac because of the M logo. Because of the extent of the business, the name Big M is associated with his client in the US and others in the world. It accused Mallappa of using its logo for sanitary goods with malafide intention of imitating its client.
On the basis of the given information about P.C. Mallappa and Company, answer the following questions:
(a) Do you think the Indian lawyer of McDonald's is right in his stand?
(b) Which concept will come to his rescue in order to fight the case against P.C. Mallappa and company?
(c) Explain the advantages that business houses can derive from the above identified concept?
Mallappa has moved the Delhi High Court for cancellation of the Macs registered M logo on the premise that the fast food giant has not used its logo since 1991 when it registered it in India. so this invalidates Big Macs claim to exclusivity over the logo. Further, the firm claims that while Big Macs logo was of a single line, its own logo had double lines. Hence, there was no confusion. In its notice to Indian firm, McDonalds Indian lawyer has held that the fast food giant had been using the logo for many years and also been operating a chain of fast food outlets in many countries which came to be known as the Big Mac because of the M logo. Because of the extent of the business, the name Big M is associated with his client in the US and others in the world. It accused Mallappa of using its logo for sanitary goods with malafide intention of imitating its client.
On the basis of the given information about P.C. Mallappa and Company, answer the following questions:
(a) Do you think the Indian lawyer of McDonald's is right in his stand?
(b) Which concept will come to his rescue in order to fight the case against P.C. Mallappa and company?
(c) Explain the advantages that business houses can derive from the above identified concept?
Answer
View full question & answer→(a) Yes.
(b) Intellectual Property Rights.
(c) Significance of Intellectual Property:
(i) Encourages creation of new, path breaking inventions.
(ii) Incentivises inventors, authors, creators, etc., for their work.
(iii) Helps in the prevention of loss of income.
(iv) Helps authors, developers and owners to get recognition for their works.
(b) Intellectual Property Rights.
(c) Significance of Intellectual Property:
(i) Encourages creation of new, path breaking inventions.
(ii) Incentivises inventors, authors, creators, etc., for their work.
(iii) Helps in the prevention of loss of income.
(iv) Helps authors, developers and owners to get recognition for their works.