Cellular Clothing Company, Ltd, v Maxton and Murray
| Jurisdiction | England & Wales |
| Judgment Date | 27 April 1899 |
| Judgment citation (vLex) | [1899] UKHL J0427-1 |
| Court | House of Lords |
| Date | 27 April 1899 |
[1899] UKHL J0427-1
House of Lords
After hearing Counsel for the Appellants, as well on Thursday the 2nd and Friday the 3rd days of March last, as Tuesday last and this day, upon the Petition and Appeal of the Cellular Clothing Company, Limited, having their registered office at No. 72, Fore Street, London, E.C., praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an Interlocutor of the Lord Ordinary in Scotland, of the 12th of March 1898, and also an Interlocutor of the Lords of Session there of the First Division of the 12th of July 1898, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Interlocutors might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the printed case of Maxton and Murray, lodged in answer to the said Appeal: And Counsel appearing for the said Respondents, but not being called on; And due consideration being had of what was offered for the said Appellants:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Interlocutors, complained of in the said Appeal, be, and the same are hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House; And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondents the Costs incurred in respect of the said Appeal, the amount thereof to be certified by the Clerk of the Parliaments: And it is...
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Pfizer Products Inc. v. Canadian Generic Pharmaceutical Association, 2015 FC 493
...nifedipine tablets on the market is in itself insufficient to establish a secondary meaning: Cellular Clothing v. Maxton & Murray , [1899] A.C. 326, 346 (H.L.); Canadian Shredded Wheat Co. Ltd. v. Kellogg Co. of Canada Ltd. , [1939] S.C.R. 329. [79] Fourth, it is not fatal to an applica......
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Reckitt and Colman Products Ltd (t/a Colmans of Norwich) v Borden Inc. and Others
...these words had acquired the secondary meaning of belting manufactured by the plaintiff. In The Cellular Clothing Co. v. Maxton & Murray [1899] A.C 326, the pursuers accurately described their fabric as cellular and sought to interdict the defenders from using this description in relation t......
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The Singapore Professional Golfers' Association v Chen Eng Waye
...Ld (1931) 48 RPC 555 (distd) British Medical Association v Marsh (1931) 48 RPC 565 (distd) Cellular Clothing Co Ltd v Maxton and Murray [1899] AC 326 (refd) CDL Hotels International Ltd v Pontiac Marina Pte Ltd [1998] 1 SLR (R) 975; [1998] 2 SLR 550 (refd) Chinese Calligraphy Society of Sin......
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...origin, is well illustrated by the following passage from the judgment of Lord Shand in Cellular Clothing Co Ltd v Maxton and Murray [1899] AC 326 (HC) (a case which has often been relied upon in our Courts); at 340: F ''Of that case (ie Reddaway v Banham [1896] AC 199) I shall only say tha......