IMPERIAL TOBACCO COMPANY (NEWFOUNDLAND) LD. V. DUFFY

Trade Mark.—Action in Newfoundland for infringement.—Defendant selling under a Trade Mark protected in United States before registration of Plaintiffs' Trade Mark in Newfoundland.—Plaintiffs' user in Newfoundland prior to Defendant's user.—Judgment for Defendant in Supreme Court and i...

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Bibliographic Details
Published in:Reports of Patent, Design and Trade Mark Cases
Main Author: On Appeal from the Supreme Court of Newfoundland
Format: Text
Language:English
Published: Oxford University Press 1918
Subjects:
Online Access:http://rpc.oxfordjournals.org/cgi/content/short/35/1/12
https://doi.org/10.1093/rpc/35.1.12
Description
Summary:Trade Mark.—Action in Newfoundland for infringement.—Defendant selling under a Trade Mark protected in United States before registration of Plaintiffs' Trade Mark in Newfoundland.—Plaintiffs' user in Newfoundland prior to Defendant's user.—Judgment for Defendant in Supreme Court and in Appeal Court in Newfoundland.—Appeal to Privy Council allowed with costs.—Newfoundland Consolidated Statutes (Second Series), Chapter 112 , Sections 1, 2,19, 24 and 31 .—Patents &c. Act, 1883 , Section 103 .—Merchandise Marks Act, 1887 , Section 3 .