A law of a foreign country and a sale by a foreign court under that law cannot affect property not within the foreign jurisdiction.
The French monastery of Chartreuse, which manufactured liqueurs of that name by a secret process, was compulsorily dissolved under a French statute and its property confiscated. It had owned trade-marks in France, England, and elsewhere. The Chartreuse monks established a manufacture of liqueurs in Spain employing the old process.
Held that the property-in the English trade-mark was not affected by the French confiscation, and still remained with the Chartreuse monks.
Judges:
Lord Chancellor (Loreburn), Lords Macnaghten, Atkinson, Collins, and Shaw
Citations:
[1910] UKHL 892, 47 SLR 892
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 25 April 2022; Ref: scu.619782