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:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 14 June 2022; Ref: scu.630695