Crosfield (Joseph) & Sons' Application (PERFECTION)

JurisdictionEngland & Wales
Date1909
CourtCourt of Appeal
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24 cases
  • Okotoks Limted (Formerly Spicerhaart Ltd) and Another v Fine & Country Ltd and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 June 2013
    ...the general public of the present day and of the future from access to the enclosure" (quoting Sir Herbert Cozens-Hardy MR in Joseph Crosfield & Son's Application (1909) 26 R.P.C. 837 at 854), the ultimate issue is indeed simply stated. Its answer is, inevitably, longer." 67 This appears t......
  • Fine & Country Ltd and Others v Okotoks Ltd (formerly Spicerhaart Ltd) and Another
    • United Kingdom
    • Chancery Division
    • 31 July 2012
    ...day and of the future from access to the enclosure” (quoting Sir Herbert Cozens-Hardy MR in Joseph Crosfield & Son's Application (1909) 26 R.P.C. 837 at 854), the ultimate issue is indeed simply stated. Its answer is, inevitably, 41 32. The starting point as it seems to me is a comparison o......
  • Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd and Another and Another Appeal
    • Singapore
    • Court of Appeal (Singapore)
    • 27 June 2000
    ...But they argue it does not follow that just because a mark is descriptive it cannot be a trade mark: see Crosfield & Sons` Application [1909] 26 RPC 837 at 857 and Thermawear v Vedonis [1982] RPC 44. Or that it cannot become distinctive: see Reddaway v Banham [1896] AC 199. Part B of the Re......
  • Elvis Presley Enterprises Inc. v Sid Shaw Elvisly Yours
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 March 1999
    ...or proposed to be used, the lower its inherent distinctiveness." 58 In Re Joseph Crosfield and associated cases [1910] 1 Ch 130, 145 (1909) 26 RPC 837, 857 Fletcher Moulton LJ said that it was a fallacy to assume any "natural and innate antagonism between distinctive and descriptive as app......
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1 books & journal articles
  • Analyses: The Concept 'Similar Goods' in Trade-mark Law
    • South Africa
    • South Africa Mercantile Law Journal No. , May 2019
    • 25 May 2019
    ...to exclude the general public of the present day andof the future from access to the enclosure’ (Joseph Crosfield & Son’sApplication (1909) 26 RPC 837 at 854). If the concept ‘similar goods’ is notapplied strictly, a f‌irst result will be that all marks enjoy protection for asubstantially w......

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