Eastman Photographic Materials Company, Ltd, v Comptroller-General of Patents, Designs, and Trade Marks

JurisdictionUK Non-devolved
Judgment Date15 July 1898
Judgment citation (vLex)[1898] UKHL J0715-1
CourtHouse of Lords
Date15 July 1898

[1898] UKHL J0715-1

House of Lords

Eastman Photographic Materials Company, Limited,
and
Comptroller-General of Patents, Designs, and Trade Marks.
1

After hearing Counsel as well on Friday, the 24th, as Tuesday, the 28th days of June last upon the Petition and Appeal of the Eastman Photographic Materials Company, Limited, of No. 115, Oxford Street, in the county of Middlesex, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 29th of April 1897, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order 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 the Comptroller-General of Patents, Designs, and Trade Marks lodged in answer to the said Appeal; And due consideration being had this day of what was offered on either side in this Cause:

2

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 Order of Her Majesty's Court of Appeal, of the 29th day of April 1897, complained of in the said Appeal, be, and the same is hereby, Reversed: And it is further Ordered, That the Cause be, and the same is hereby,...

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78 cases
  • Police Federation and Others v Commissioner of The Independent Commission of Investigations and Attorney General
    • Jamaica
    • Supreme Court (Jamaica)
    • 30 July 2013
    ...with approval (at page 462) to the well known statement of Lord Halsbury (in Eastman Photographic co v Comptroller-General of Patents [1898] AC 571, 576 ) that in construing a statute ‘it is not only legitimate but highly convenient to refer both to the former Act and to the ascertained evi......
  • Escoigne Properties Ltd v Commissioners of Inland Revenue
    • United Kingdom
    • House of Lords
    • 23 January 1958
    ...Railway CoELR (1881) 6 App Cas 114 Eastman Photographic Materials Co Ltd v Comptroller-General of Patents, Designs and Trade MarksELR [1898] AC 571 Goodrich v PaisnerELR [1957] AC 65 Heydon's CaseENR (1584) 3 Co Rep 7a River Wear Commissioners v AdamsonELR (1877) 2 App Cas 743 John Pennycui......
  • Moore vs Western Education & Library
    • United Kingdom
    • Fair Employment Tribunal (NI)
    • 22 February 2013
    ...the makers of the Act, pro bono publico’. 23. In Eastman Photographic Materials Co Ltd v Comptroller of Patents, Designs and Trademarks [1898] AC 571, Lord Halsbury approved an extract from an earlier decision which “We have therefore to consider not merely the words of this Act of Parliame......
  • Pepper (Inspector of Taxes) v Hart
    • United Kingdom
    • House of Lords
    • 26 November 1992
    ...used by Parliament to effect such cure: Eastman Photographic Materials Co v. Comptroller-General of Patents, Designs and Trade-marks [1898] A.C. 571; Assam Railways and Trading Co Ltd v. Commissioners of Inland Revenue [1935] A.C. 445 457-458. Indeed, In Reg, v. The Secretary of State for T......
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1 firm's commentaries
  • Cantarella has the last laugh in coffee brouhaha over foreign language trade marks
    • Australia
    • Mondaq Australia
    • 19 March 2015
    ...in Australia would even understand what the words meant (despite Italian being the 2nd most widely spoken language in Australia). From the Solio case (cited by the High Court with approval), an invented word need not be completely meaningless and could be traced to a foreign source or conta......
4 books & journal articles
  • Popular Names Index to UK Cases and EU Legislation and Cases
    • United Kingdom
    • Wildy Simmonds & Hill Legal Research. A Practitioner's Handbook - 3rd Edition Appendices
    • 30 August 2019
    ...Case Donoghue v Stevenson [1932] AC 562 Social Charter See European Social Charter Software Directive See Computer Programs Directive Solio Case Eastman Photographic Material Co Ltd v Comptroller General of Patents, Designs and Trade Marks [1898] AC 571 Solo Case Cadbury Schweppes Pty Ltd v......
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2000, December 2000
    • 1 December 2000
    ...or quality of the goods or services. In Eastman Photographic Materials Co Ltd v Comptroller-General of Patents, Designs and Trade Marks(1898) AC 571 at 580, Lord Herschell explained thus: ‘The vocabulary of the English language is common property: it belongs alike to all; no one ought to be......
  • MISCHIEF RULE
    • Nigeria
    • DSC Publications Online Sasegbon’s Judicial Dictionary of Nigerian Law. First edition M
    • 6 February 2019
    ...743, and the Earl of Halsbury, L.C., took a like course in Eastman Photographic Materials Co. Ltd. v. Comptroller-General of Patents (1898) A.C. 571. In construing a statutory provision, which is ambiguous, preference should be given to the view, which would not lead to public mischief." - ......
  • THE MEANING OF ‘INVENTED’ IN TRADE MARK LAW
    • Singapore
    • Singapore Academy of Law Journal No. 1997, December 1997
    • 1 December 1997
    ...(supra, note 7). 15 Philipart v William Whiteley Ltd [1908] 2 Ch 274 at 279 (per Parker J). See also Eastman Photographic Co’s Application[1898] AC 571 at 581 (“I do not think the combination of two English words is an invented word, even though the combination may not have been in use befo......

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