Edge and Sons Ltd v Niccolls and Sons Ltd: HL 21 Jul 1911

The plaintiffs had since 1884 manufactured washing-blue and sold it extensively in small bags with a wooden stick attached as a handle for use in washing. A patent was obtained for this method of wrapping the article, but was revoked in 1891. The bags were retailed without any maker’s name attached. No other manufacturer of washing-blue used this get-up for his goods until in 1909 the respondents began to do so, imitating exactly the bags and the wooden handle, but attaching a label with their own name. The plaintiffs sought for an injunction.
Held that the imitation of the get-up of the plaintiffs’ article amounted to a representation likely to deceive retail purchasers into believing they were buying the plaintiffs’ manufacture, and that the attachment of the respondents’ label was not a sufficient distinction, and injunction granted.

Judges:

Lord Chancellor (Loreburn), Lords Atkinson, Gorell, and Robson

Citations:

[1911] UKHL 670, 49 SLR 670

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 23 May 2022; Ref: scu.619208