Taking the owner of McCurry Restaurant, Mr.

Suppiah to court to sue him under the accusation of using the prefix Mc, may imply that McDonald Corporation has the exclusive right to its Mc prefix. McCurry will have to pay for damages of imitating the prefix as well as their signature colors which are red, yellow and white if they lose the case against McDonalds. Therefore, it implies that no other business have the right to imitate the prefix of McDonalds and hence, stop anybody from imitating their brand logo. Besides, McDonald Corporation also accused McCurry that the usage of Mc prefix as part of its restaurants name has mislead customers and made them believe McCurry is somehow affiliated with McDonald. Hence, McDonald Corporation believes that it can sue McCurry for tort of "passing off" their company. This will indirectly convey a message to other businesses using or intent to use the Mc prefix that they also could be subjected to legal action if they follow McCurrys footsteps. This passing off concept explains that it is in regards to any businesses that misleads the public into believing that their goods, food and services offered are those of another trader's. On the other hand, McDonald will be seen as giving free awareness and publicity in regards to the McCurry restaurant if it takes Mr. Suppiah to court. All the members of the society will be aware of the existence of McCurry Restaurant and hence, there is a possibility of McCurry receiving support from the society when their case is taken to court. This may also bring about a victory to McCurry since the society is takes their site will be able to protest for McCurrys victory. Additionally, this may bring about a bad publicity and name for McDonald Corporation. The society is likely to categorize McDonald as trying to bully and take advantage of a small restaurant which has minimal similarities in terms of its target group and its logo. The owners of the restaurant claimed that they target an older age group of customers and also that their restaurant name, McCurry is just an abbreviation of Malaysian Chicken Curry. Its trademark is distinguishable from McDonalds golden arches logo. McCurrys logo is simply a smiling chicken illustrated inside a circle with the words "Malaysian Chicken Curry". Other than that, they also serve a totally different product from McDonald. Furthermore, Mr. Suppiah states that prefix "Mc", has been in use by the Scottish for many centuries as their surnames. Thus, it cannot be solely owned by McDonalds. So, there is a high chance of McDonalds losing the case if they do decide to take Mr. Suppiah to court.

On the other hand, by not taking Mr. Suppiah to court, there might be an implication to the public that McDonald Corporation is not jeopardized or harmed by the usage of Mc prefix

by Mr. Suppiah. In the long run, many opportunists will emerge not only in Malaysia but also in other countries especially in Asia to daringly use the Mc prefix and capitalize on McDonalds reputation as they might assume McDonalds has no objections and allows the usage of the well-known world famous prefix by anyone. This act is extremely unlawful and would eventually hurt McDonald's fast food's reputation and goodwill in the years to come. Hence, there will be a negative impact onto McDonalds caused by many individual companies. If prolonged, this situation in the future might not be able to be stopped as there will be too many of them to be controlled. Additionally, McDonald Corporation can save their legal fees by not taking McCurry to court. Furthermore, if they lost the case, they will need to pay high amount of compensation to McCurry. So, by not taking them to court McDonald is not taking the chance of losing money as well as their name and fame which will be the victim if they lost the case they filed against a small individual restaurant.

In a nutshell, being in the position of a marketing manager of McDonald Corporation for the international operations division, deciding to take or not to take Mr. Suppiah of McCurry to court is vital as there are many pros and cons as stated above. Based on the above points, it is best if McDonald Corporation doesnt bring Mr. Suppiah of McCurry to court. It is simply because referring to many such cases involving the Mc prefix, McDonalds Corporation has been defeated by the individual companies. As an example, we look the case of McDonalds versus McChina. McChina is a Chinese oriental food chain which was sued by McDonalds for using their Mc prefix. But in the end, the judgment of the case was that McChina is allowed to keep its name as the customers can distinguish McChina from McDonalds (Day, 2001). On top of that, if McDonalds takes this case to court and eventually if loses the case, the multinational brand value will be affected. So, it is best not to sue Mr. Suppiah.

In the Malaysian fast food industry, McDonald Corporation is one of the largest players. Having said so, they still face many uncontrollable challenges in sustaining and improvising their globally leading and well-known brand in Malaysia. Besides legal issues, other uncontrollable challenges that the corporation faces are economic situation, cultural forces, government constraints, competition and environmental effect.

According to (Impact of external), the growth rate of fast food industry in any country is directly proportional to the employment as well as the consumer income rate. Hence looking at Malaysias unemployment rate in the year 2013, there was a decrease in unemployment from 3.4% in November 2013 to 3% in December 2013 (Trading Economic, 2014). This shows that the employment rate has slightly increased in the country. Meanwhile, the consumers percentage of income saw a decrease in low income category and increase in higher income category according to the Household Income Survey which was carried out across the year 1970 till the year 2012. As a whole, the Malaysian market has been showing a slow positive growth throughout the years. Although the economic condition of Malaysia is seen to be improving, consumers in Malaysia remained cautious over their spending as a result of rising cost of living and food prices. Hence it is a challenge for McDonalds to keep track with the countrys economy as well as its citizens views on the economy in order to be able to come up with marketing strategies involving their products prices, promotions and menus which will be able to attract more customers rapidly to their eatery despite the condition of the economy.

Secondly, a cultural force which involves the societys lifestyle, values and beliefs plays vital role in a business of any kind of sector. In the fast food industry it has no lesser importance. It is said that this cultural forces are rapidly changing than ever in this rapidly growing era (Rix 2011, 54). In Malaysia, just like the rest of the Asian countries, they have strong family based value and practice these values strongly. This is a challenge that should be addressed by McDonald as it is a strong chance to capture the market through this value. As we can see this family value has been captured by other fast food restaurants in Malaysia by offering family based menu and promotions. McDonalds itself is aware of these value and has started addressing it. For example, it has launched the Family Breakfast Box (The Star Online) recently. But in Malaysia it is a normality to meet up with family for dinner more than for lunch. Thus, McDonalds have to come up with more marketing strategy which specially

targets their main food variety which has high sales during dinner time in order to attract families. By effectively and efficiently addressing the main values or customs in Malaysia, McDonalds will be able to satisfied customers needs in fulfilling their traditional family bonding custom without sacrificing their time to cook at home for a large family. In addition, government constraints are one of the major uncontrollable challenges for many businesses including the multinational McDonalds. A prime example of government constraints that affect McDonalds in Malaysia is the ban of fast food advertisements in Malaysian national television which was in order to control the rapid increase of diseases such as heart problem and hypertension which are primarily caused by obesity. The Malaysian Health Ministry announced that this act was to encourage healthy living and reduce the fast food intake among its citizens (Ying Sang et al, 2013). Furthermore, the government, especially the Health Ministry, has conducted many programs and campaigns to create awareness among its citizens regarding healthy living benefits and the consequences of fast food intake (The Nation). This has caused a considerable amount of impact onto McDonalds and is regarded as a huge challenge in promoting their product in Malaysia. McDonald Corporation can address this issue by introducing healthier food in their menu by incorporating salads and more fresh vegetable and fruit based products. Working in hand with the Ministry of Health by following their requirements can give McDonalds an upper hand in dealing with this challenge.

Besides that, competition is yet another uncontrollable challenge encountered by McDonalds Corporation. The main competitors for McDonalds in the Malaysian fast food industry are KFC and Burger King. Even though these multinational companies dominate the market along with McDonalds there are other local homegrown eateries such as Old Town White Coffee and Secret Recipe which are showing sales improvement and are competing with McDonalds equally. It can be concluded that, these local brands have strategized a strong market expansion technique (EuroMonitor). Moreover, high urbanization in Malaysia caused increased GDP growth in the nation and that has shown a large impact on the working class consumers eating style. Many select restaurants such as TGI Fridays to dine in as they are full-serviced. Besides, healthy living habits has caused boom in many vegetarian and organic restaurant such as the BMS Organics which serves organic food and drinks. All these restaurants are indirectly competitors to McDonalds as their customers are switching to these eateries.

Environmental effects are an essential part of humans daily life. It is our utmost responsibility to conserve the nature and ensure its sustainability. Hence, the same applies to all the companies running a business. But for a multinational corporation such as McDonald Corporation, their responsibility towards mother nature is much heavier and so are the challenges that they face as they operate in more than 100 countries worldwide. It is a huge challenge to ensure they reduce the harm caused by their operations to the environment in all the countries McDonalds is established. An obvious example will be the packaging that is used by McDonalds not only to deliver the purchased food by the customer but also the packaging used in transporting the raw materials. Millions of tons of paper and plastics are being used every single year across the globe by McDonald Corporation. Deforestation is continuously happening in order to meet the high demand for paper to be used for packing purpose. Plastics are being thrown away at landfills even though it is known to be nonbiodegradable. This challenge was claimed to be addressed by McDonalds through various efforts and programs such as reuse and recycle. Also pilot scale projects were started by the company to deal with pollution situation but the projects were eventually dropped (Charles). So, a serious effort has to be taken to encounter this huge challenge it has in order to foresee better trust from its customers.