Reddaway and Others v Banham and Others

JurisdictionUK Non-devolved
Judgment Date26 March 1896
Judgment citation (vLex)[1896] UKHL J0326-3
CourtHouse of Lords
Date26 March 1896

[1896] UKHL J0326-3

House of Lords

Reddaway and Others
and
Banham and Others.
1

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:

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 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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1 firm's commentaries
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    ...and then it is modest and retiring; it would be honesty itself if it could only afford it." Per Lord MacNaughten in Reddaway v. Banham [1896] A.C. 199 at Selecting the Place of Judgment. In constructing a model to recover concealed assets that have been fragmented, camouflaged and moved to ......
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    ...Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex (OJ 1998 L14/6) Camel-Hair Belting Case Reddaway v Banham [1896] AC 199 Cann Case Abbey National Building Society v Cann [1991] 1 AC 56 Cannibalism Case R v Dudley and Stephens (188......
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    ...siness or product , identifying su ch rather than any ot her” (737F-H) See the locus cla ssicus on seconda ry meaning, Red daway v Banham [1896] AC 199 See also New Media Publishing (Pty) Ltd v Eating Out Web Ser vices CC 2005 5 SA 388 (C) (the E ating Out case) 404F-G; Bress Design s (Pty)......
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