Thompson had registered Stone Ale as a trade mark. He had sued the plaintiff, his competitor and the said mark was removed from the register. Nevertheless Thompson succeeded in an action to restrain Mr Montgomery from using the mark in relation to his beer. The cause of action in passing off was independent of the trade mark rights.
Citations:
[1891] AC 217
Jurisdiction:
England and Wales
Cited by:
Cited – Inter Lotto (UK) Limited v Camelot Group Plc ChD 6-Jun-2003
The claimant asserted that the defendant had infringed its goodwill in the name ‘Hot Picks’ the defendant argued that it was licensed to use the mark by the person who applied for its registration as a trade mark, and that the claim in passing off . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Torts – Other
Updated: 29 April 2022; Ref: scu.183308