The Dunlop Pneumatic Tyre Company was a company of world-wide reputation whose chief business was the manufacture and sale of ‘Dunlop’ tyres, but which also supplied motor accessories. To these the name ‘Dunlop’ was also usually attached, but had not become appropriated. It sought to restrain from the use of the name ‘Dunlop’ the Dunlop Motor Company, Limited, a small company formed in 1904 by two brothers Dunlop in Kilmarnock, where they had been since 1898 carrying on the business of cycle and motor repairing under their own names, R. and J. F. Dunlop. The objects of this company were the manufacture and sale and repair of motors, and the supply of motor accessories, but from its size the company’s business was restricted to the sale on commission of motors, their repair, and the supply of the accessories. There was no evidence of anyone dealing with it in the belief he was dealing with the Dunlop Pneumatic Tyre Company.
Held that there was not sufficient similarity in the businesses carried on, or sufficient likelihood of confusion in the mind of the public to entitle to the restraint sought.
Judges:
Lord Chancellor (Loreburn), Lord James of Hereford, Lord Robertson, and Lord Collins
Citations:
[1907] UKHL 977
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 27 April 2022; Ref: scu.622302