McDonald’s Corp. v. McDonald’s Corp. Ltd.
Jamaica Supreme Court
[1997] FSR 200 (1996)
- Written by Wesley Bernhardt , JD
Facts
McDonald’s Corporation (plaintiff) was located in Delaware and operated restaurant franchises. Beginning in the 1970s, McDonald’s intended to begin selling franchises in the country of Jamaica, but this never came to fruition. In 1981, a Jamaican citizen wanted to become a franchisee of McDonald’s and reached out to McDonald’s with this offer. McDonald’s declined the Jamaican citizen’s offer. Subsequently, a Jamaican restaurant using the name McDonald’s (the Jamaican restaurant) (defendant) opened in 1994. At the same time, McDonald’s moved into Jamaica and began establishing its own franchises there. McDonald’s subsequently filed a suit in Jamaica, claiming that the Jamaican restaurant was passing off as a real McDonald’s restaurant owned by McDonald’s.
Rule of Law
Issue
Holding and Reasoning (Dubois, J.)
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