Powell v Birmingham Vinegar Brewery Company, Ltd, and Another

JurisdictionEngland & Wales
Judgment Date20 November 1893
Judgment citation (vLex)[1893] UKHL J1120-2
CourtHouse of Lords
Date20 November 1893

[1893] UKHL J1120-2

House of Lords

Powell
and
Birmingham Vinegar Brewery Company, Limited, and Another.
1

After hearing Counsel for the Appellant on Friday last upon the Petition and Appeal of William Powell (trading as Goodall, Backhouse and Co.), of White Horse Street, Leeds, in the County of York, Wholesale Druggist and DrySalter, praying, That the matter of the Orders set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal of the 27th of April 1893, and also a Judgment of the Chancery Division of Her Majesty's High Court of Justice of the 15th of February 1893, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Orders 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 the Birmingham Vinegar Brewery Company, Limited, lodged in answer to the said Appeal (which said Appeal was, in pursuance of an Order of this House of the 22nd of June last, heard ex parte as to the Comptroller General of Patents, Designs, and Trade Marks, he not having lodged a Case in answer to the said Appeal); And Counsel appearing on behalf of the said Respondents, the Birmingham Vinegar Brewery Company, Limited, but not called on; And due consideration had this day of what was offered for the said Appellant:

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 27th of April 1893, and also the said Judgment of the Chancery Division of Her Majesty's High...

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18 cases
  • Re AUVI Trademark
    • Singapore
    • High Court (Singapore)
    • 15 November 1991
    ...statement on the interpretation of the expression `person aggrieved` in a trade mark Act is that of Lord Herschell in Powell`s Trade Mark [1894] AC 8 at p 10 where he stated: My Lords, I should be very unwilling unduly to limit the construction to be placed upon these words, because, althou......
  • Reckitt and Colman Products Ltd (t/a Colmans of Norwich) v Borden Inc. and Others
    • United Kingdom
    • House of Lords
    • 8 February 1990
    ... ... letter to the bank on 23rd February with another cheque of £23 "for credit No. 2 account, H. J ... and shaped like lemons and in 1955 a company called Edward Hack Ltd. began to market juice in ... 225, Lord Blackburn, at p. 229; Powell v. Birmingham Vinegar Brewery Co. [1896] 2 Ch ... ...
  • Access For All Alliance (Hervey Bay) Inc v Hervey Bay City Council
    • Australia
    • Federal Court
    • 2 May 2007
    ...by an act which operates in restraint of what would otherwise have been his legal rights: Powell v Birmingham Vinegar Brewery Co (1894) AC 8 at 10, 12; Attorney-General (NSW) v Brewery Employee's Union of NSW (1908) 6 CLR 469 at 497, 519, 550; Continental Liqueurs Pty Ltd v GF Heublein and ......
  • Koowarta v Bjelke-Petersen
    • Australia
    • High Court
    • 11 May 1982
    ...by an act which operates in restraint of what would otherwise have been his legal rights: Powell v Birmingham Vinegar Brewery CoELR [1894] AC 8 at 10, 12; Attorney-General of NSW v Brewery Employees Union of NSWUNK (1908) 6 CLR 469 at 497, 519, 550; Continental Liqueurs Pty Ltd v G F Heuble......
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