WOLFE v. ALSOP

12 VLR 421·HIGINBOTHAM, J.
12 VLR 421
12 VLR 421
WOLFE v. ALSOP Supreme Court of Victoria HIGINBOTHAM, J. May 26, 27, 31 May 1886 Trade mark — Descriptive adjective, name of town, and ordinary substantive used in a figurative sense — "The Trade Marks Registration Act 1876," s. 7 — Use by defendant of such mark in a way calculated to deceive purchasers .

There can be no exclusive right to the use of a trade-mark composed of an ordinary descriptive adjective, with the name of a town, and a substantive used in a figurative sense and in common use in such sense, e.g., "Aromatic Schiedam Schnapps;" and a defence on that ground to an action for infringement may be raised, though such trade-mark has been registered for more than five years without any application to rectify the register. But the Court will restrain anyone from using such mark upon his goods in such a manner and connection as to induce purchasers to believe that such goods are manufactured by the person who first used such words as a trade-mark.

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