Samuel v Rogers; 17 Feb 1864

References: [1864] EngR 257 (A), (1864) 1 De G J & S 396
Links: Commonlii
This was an appeal from a decision of Vice-Chancellor Wood refusing leave to serve the sole Defendant, who was described in the bill as resident at Dublin, out of the jurisdiction, with a copy of the bill and interrogatories, and notice of motion for an injunction ‘at Dublin or elsewhere in Ireland.’
The bill sought an injunction against the Defendant, restraining him from advertising for sale any articles of clothing under any name in which the word ‘Sydenham’, to the use of which, as a prefix, the Plaintiff claimed an exclusive right, occurred ; and from selling any articles of clothing as and for ‘Sydenham’ articles, and from selling or offering for sale any articles of clothing not manufactured by the Plaintiff, in such manner and form as to represent or lead to the belief that the same had been produced by the PIaintiff ; and for an account and costs.