Reddaway and Others v Banham and Others
Jurisdiction | UK Non-devolved |
Judgment Date | 26 March 1896 |
Judgment citation (vLex) | [1896] UKHL J0326-3 |
Court | House of Lords |
Date | 26 March 1896 |
[1896] UKHL J0326-3
House of Lords
After hearing Counsel, as well on Tuesday the 18th as Thursday the 20th, Friday the 21st, and Monday the 24th days of February last, upon the Petition and Appeal of Frank Reddaway, and F. Reddaway and Co., Limited, of Pendleton, in the County of Lancaster, 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 18th of December 1894, 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 George Banham, and George Banham and Company, Limited, lodged in answer to the said Appeal: and due consideration had this day of what was offered on either side in this Cause:
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 18th of December 1894, complained of in the said Appeal, be, and the same is hereby reversed; and it is Declared that Judgment ought to be entered for the Plaintiffs in the Queen's Bench Division of the High Court of Justice (Appellants here), for an Injunction restraining the Defendants and each of them (Respondents here) from using the words "Camel Hair" as descriptive of, or in connection with, belting manufactured by them, or either of them, or belting (not being of the Plaintiffs' manufacture) sold or offered for sale by them, or either of them, without clearly distinguishing such belting from the belting of the Plaintiffs: And it is further Ordered and Adjudged, That with this Declaration the Judgment of the Honourable Mr. Justice Collins, of the 20th of July 1894, be, and the same is hereby, in all other respects restored: And it is Ordered, That the Respondents do...
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