The court was asked about the obligation to associate identical trade marks.
Held: Kekewich J said that the omission of any reference to identical marks was probably a mistake: ‘it is impossible to my mind to conceive that the Legislature can have intended anything of that kind.’ Nevertheless the court was obliged to apply the actual words of the Act.
Judges:
Kekewich J
Citations:
[1907] 2 Ch 396
Cited by:
Cited – Cussons (New Zealand) Pty Limited v Unilever Plc and others PC 20-Nov-1997
(New Zealand) The defendants appealed against an interlocutory injunction restraining them from use of a trade mark which was said to be infringing. The mark had not been used and was vulnerable to being removed, and Cussons applied for the removal . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 10 May 2022; Ref: scu.258727
