Birmingham Vinegar Brewery Company v Powell

JurisdictionEngland & Wales
Year1897
Date1897
CourtHouse of Lords
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40 cases
  • Xiamen Huadian Switchgear Co Ltd v Powins Pty Ltd
    • Australia
    • Federal Court
    • 29 September 2022
    ...250 CLR 640; [2013] HCA 54 Australian Woollen Mills Ltd v FS Walton & Co Ltd (1937) 58 CLR 641 Birmingham Vinegar Brewing Co Ltd v Powell [1897] AC 710 BLH Engineering & Constructions Pty Ltd v Pro 3 Products Pty Ltd (2015) 114 IPR 105; [2015] FCA 833 BP Refinery (Westernport) Pty Ltd v Shi......
  • Mulsanne Insurance Company Ltd v Marshmallow Financial Services Ltd
    • United Kingdom
    • Chancery Division
    • 11 February 2022
    ...for these purposes even if customers do not have the actual name of the business in mind — Birmingham Vinegar Brewery Co Ltd v Powell [1897] AC 710; Wm Edge & Sons Ltd v Wm Nicholls & Sons Ltd [1911] AC 693. What is sufficient is that the customer is accustomed to receiving the particular g......
  • H.P. Bulmer Ltd and and Another (Plaintiffs Appellant) J. Bollinger S.Q. and Champagne Lanson and Another (Defendants Respondent)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 July 1977
    ...It would, I think, be immaterial whether the public knew the identities of B and C (Birmingham Vinegar Brewery Co. Ltd. v. Powell (1897) Appeal Cases 710) or how many persons were entitled to make and sell "XYZ sauce" under that name. It would also, I think, be immaterial whether D's sauce ......
  • Medgen Inc. v Passion for Life Products Ltd
    • United Kingdom
    • Chancery Division
    • Invalid date
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1 books & journal articles
  • A re-examination of the original foundations of Anglo-American trademark law.
    • United States
    • Marquette Intellectual Property Law Review Vol. 14 No. 1, January 2010
    • 1 January 2010
    ...either party is as deserving as one another. (283) Indeed, in the trademark context, the same position was adopted in England. In the Yorkshire Relish case, the House of Lords agreed with the Court of Appeal that the defendant's sauce sold as Yorkshire Relish, though similar in taste and de......

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