McDonald's Corporation v McDonald's Corporation & Vincent Chang

IN THE SUPREME COURT OF JUDZCATU-RE OF JAMAICA
SUIT NO. C.L.M. 440195
IN CHAMBERS
MCDONALD'S CORPORATION - PLAINTIFF
MCDONALD'S CORPORATION LTD. - FIRST DEFENDANT
VINCENT CHANG - SECOND DEFENDANT
R. Henriques, Q.C., Allan Wood & Mrs. Feanny for Plaintiff
M. Hylton, Q.C., P. Goldson & Mrs. Debbie Fraser for Defendants
Heard: February 19, 20, 21, 22 & 27 I
April 15, 16, 17, 18 & 22, 1996.
July 5, 1996.
JUDGMENT
CHESTER ORR, J.
In this case the plaintiff seelcs an interlocutory injunction to restrain the defendants
from using upon any sign, banner, advertisement or other article the name "McDonald's"
or "McDonald's Corporation" or "McD" or any imitation thereof whether at the
defendants' store at 1 Cargill Avenue, Kingston 10, in the Parish of Saint Andrew or in
connection with any other business or from passing off or attempting to pass off any
business carried on by the defendants or any of them as the business of the plaintiff or
/'
L doing any act to infkinge the plaintiffs trade marks.
L
The first defendant in turn seeks an il~terlocutoryin junction to restrain the plaintiff
from opening a restaurant in the city of Kingston trading under the name McDonald's.