The McCurry label: lack of CREATIVITY?

An Indian fast food restaurant in Malaysia has "beaten" McDonald's in a lawsuit. McCurry can now use the "Mc" in its name.

In many parts of the World, copying the West is common. I do not know whether it is deliberate, but some recent Indian examples that come to mind are Tata NANO (Vs Apple's iPod NANO) and Tata Indica VISTA (Vs Microsoft's Windows VISTA).

Is it fair to ride on somebody else's CREATIVITY and HARD WORK? Is such "copying" always an issue of deception? Or might it be a lack of creativity?