Hanfstaengl v H. R Baines & Company, Ltd, and Another
| Jurisdiction | England & Wales |
| Judgment Date | 17 December 1894 |
| Judgment citation (vLex) | [1894] UKHL J1217-1 |
| Court | House of Lords |
| Date | 17 December 1894 |
[1894] UKHL J1217-1
House of Lords
After hearing Counsel for the Appellant on Monday, the 3rd day of this instant December, upon the Petition and Appeal of Franz Hanfstaengl, of 5, Rathbone Place, Oxford Street, in the County of London, and of Munich, in the Kingdom of Bavaria, Art Publisher, praying, That the Order or Judgment set forth in the Schedule thereto, namely, an Order or Judgment of Her Majesty's Court of Appeal, of the 11th of June 1894, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order or Judgment might be reversed, varied, or altered, or that the Petitioner 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 H. R. Baines & Co., Limited, and Edward Joseph Mansfield, lodged in answer to the said Appeal; and Counsel appearing for the said Respondents, but not called on: And due consideration had this day of what was offered for the said Appellant:
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 or Judgment of Her Majesty's Court of Appeal, of the 11th of June 1894, complained of in the said Appeal, be, and the same is, hereby Affirmed, and that the said Petition and Appeal be, and the same is hereby dismissed this House: And it is...
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King Features Syndicate Inc. v Kleeman (O. & M.) Ltd
...imitation of such a work. I think, as Lord Watson seems to have thought in the not very different case of ( Hanfstaengl v. Baines & Co. 1895 A.C. 20 at p. 27), that the language of Bayley, J. in West v. Francis 5 B. & Aild. 737, though not always applicable, gives some assistance in determi......
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Galago Publishers (Pty) Ltd and Another v Erasmus
...& Hunter v Bron [1963] 1 Ch 587 at 623; Gomme Ltd v F Relaxateze Upholstery Ltd [1976] RPC 377 at 390; Hanfstaengl v H R Baines and Co Ltd [1895] AC 20 at 27; Hanfstaengl v W H Smith and Sons [1905] 1 Ch 519 at 526; Harman Pictures NV v Osborne and Others [1967] 2 All ER 324; Kenrick and Co......
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Hong Kong Stationery Manufacturing Co. Ltd v World Wide Stationery Manufacturing Co. Ltd. And Others
...is not exact the court must examine the degree of resemblance in accordance with the principles of the cases Hanfstaengl v. Baines & Co. [1895] A.C. 20 and West v. Francis (1822) 5 B. & Ald. 737, which he there cites. There must 'such a degree of similarity as would lead one to say that the......
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San-x Co. Ltd. v Tai Pan Bread & Cakes Co. Ltd. And Another
...give to every person 'seeing it the idea created by the original.' This definition was criticized by Lord Watson in Hanfstaengl v. Baines [1895] AC 20, 27, where he pointed out that the idea created by a picture or drawing does not necessarily form an element in the original work or its des......