HELIDON SPA WATER CO. v. HAMLYN SPA WATER CO.

29 VLR 182·MADDEN, C.J., A’BECKETT, HOLROYD, and HOOD, JJ.
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29 VLR 182
29 VLR 182
HELIDON SPA WATER CO. v. HAMLYN SPA WATER CO. Supreme Court of Victoria (Full Court) MADDEN, C.J., A’BECKETT, HOLROYD, and HOOD, JJ. March 24, 25, 1903. June 10, 11, 26, 29 June 1903 Trade marks — Passing off goods — Trade name or description — "Get up" common to the trade — Labels, etc., calculated to deceive .

A person who commences to trade in goods properly bearing the same or practically the same trade name or description as the goods of another who has been using that trade name and description is under a special duty to actively guard by the get up, etc., of his goods against the possibility of their being mistaken or bought for the goods of that other.

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