Horlick’s Malted Milk Co v Summerskill: HL 30 Nov 1916

The respondent offered for sale under the name of ‘Hedley’s Malted Milk’ a preparation somewhat similar to the article which had been sold by the appellant company for some years under the name of ‘Horlick’s Malted Milk.’ Held that the term ‘malted milk’ was descriptive, and could not be monopolised by the appellant company.

Judges:

Earl Loreburn, Lords Atkinson, Shaw, and Sumner

Citations:

[1916] UKHL 443, 54 SLR 443

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 14 June 2022; Ref: scu.630695