McDONALD'S WRIT OF SUMMONS

SUIT NO. C.L. 1995/M-440

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW

BETWEEN:

McDONALD'S CORPORATION

PLAINTIFF

A N D

McDONALD'S
CORPORATION LIMITED

1ST DEFENDANT

VINCENT CHANG

2ND DEFENDANT


ELIZABETH II by the Grace of God of Jamaica and of Her Other Realms and Territories

Queen Head of the Commonwealth.

TO: McDONALD'S CORPORATION LIMITED 25A Half Way Tree Road Kingston 5 TO: VINCENT CHANG 49 Norbrook Drive Kingston 8 We command you that within fourteen days from the service of this Writ upon you, exclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of, McDONALD'S CORPORATION of 1 McDonald Plaza, Oak Brook, Illinois 60521 and take notice that in default of your so doing the Plaintiff may proceed therein and judgment may be given in your absence.

Witness the Honourable Edward Zacca, O.J. Chief Justice of Jamaica, the day of October in the year of Our Lord One Thousand Nine Hundred and Ninety Five .

N.B. This Writ is to be served within twelve calendar months from the date thereof or if renewed six calendar months from the date of the last renewal, including the day of such date and not afterwards.

The Defendant may appear hereto by entering an appearance, either personally or by Attorney-at-Law at the Office of the Registrar of the Supreme Court in Kingston.

ENDORSEMENT

THE PLAINTIFF'S CLAIM AGAINST THE DEFENDANTS IS FOR:
  • 1. An injunction to restrain the Defendants whether by themselves, or by their directors, officers, servants or agents or any of them, or otherwise howsoever from doing any act to infringe the Plaintiffs registered trade marks nos. B21019, B17398, B16214, B17849 or any of them and being the Plaintiff's corporate logo.

2.

An injunction to restrain the Defendants whether by themselves or by their directors, officers, servants or agents, or any of them, or otherwise howsoever from passing off or attempting to pass off the Defendants' restaurant business at 1 Cargill Avenue, Kingston 10 in the Parish of Saint Andrew or any other restaurant as and for the business of the Plaintiff by the use in connection therewith of the name or trading style "McDonald's" or "McDonald's Corporation" or "McD" or any name or trading style containing the word "McDonald's" or any colourable imitation thereof.

  • 3. An injunction to restrain the Defendant, whether by themselves or by their directors, officers, servants or agents or any of them or otherwise howsoever, from using the name or trading style "McDonald's" or "McDonald's Corporation" or "McD" or any colourable imitation thereof and so thereby representing to the public in a false and misleading respect that the Defendants' restaurant business at 1 Cargill Avenue, Kingston 10 in the Parish of Saint Andrew or any other restaurant is connected to or associated with the Plaintiff in breach of the provisions of the Fair Competition Act.

4.

An injunction restraining the Defendants whether by themselves, their officers, directors, servants, agents or any of them, or otherwise howsoever from carrying on a restaurant business at 1 Cargill Avenue, Kingston 10 in the Parish of Saint Andrew or any other restaurant under the name or style "McDonald's " or "McDonald's Corporation" or "McD" or any name or style which includes the words McDonald's or which so nearly resembles the same or any colourable imitation thereof.

  • 5. Obliteration upon oath of all marks upon all signs, banners, advertising material or other articles which bears the name, mark or style "McDonald's" or "McDonald's Corporation" or "McD" or which would be a breach of the aforesaid injunctions prayed for and verification upon oath by the Defendants that they no longer have in their possession custody or control any sign advertising material or other article so marked.

6.

An enquiry as to damages and payment of all sums found due upon the taking of such an enquiry.

  • 7. Further or other relief as the Court may deem fit.

8.

Costs.
  LIVINGSTON, ALEXANDER & LEVY, Attorneys-at-Law
At: No. 72 Harbour Street,
Kingston
Attorneys-at-Law for the said Plaintiff
Filed by:

This WRIT was issued by LIVINGSTON, ALEXANDER & LEVY,

Attorneys-at-Law