Blackadder v Good Roads Machinery Company Incorporated [1926] HCA 57

Blackadder v Good Roads Machinery Company Incorporated [1926] HCA 57

Blackadder was not entitled to registration as he knowingly appropriated a word used and originated by the American company in its trade with Australia, and registration by Blackadder would unfairly prevent the American company from using the name in Australia. The interests of justice and the likelihood of deception warranted the removal of 'Winner' from the register.

Parties
Appellant: Edwin Roland Blackadder; Respondent/applicant: The Good Roads Machinery Company Incorporated; Registrar of Trade Marks: E. F. McDonald
Jurisdiction
Australia
Judgment Date
20 August 1926
Procedural Posture
Trade Mark Rectification / Appeal From Starke J. to Full Court
Outcome
appeal dismissed with costs
Legal Topics
Trade Marks, Rectification of Trade Mark Register, Registration—proprietorship and User, Likelihood of Deception
Intellectual Property Trade Marks Rectification of Trade Mark Register Registration—proprietorship and User Likelihood of Deception

Case Brief

Summary, issues, holding and outcome

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Parties

Edwin Roland Blackadder

Appellant

The Good Roads Machinery Company Incorporated

Respondent/applicant

E. F. McDonald

Registrar of Trade Marks

Procedural Posture

Trade Mark Rectification / Appeal From Starke J. to Full Court

Legal Issues

  1. 1 Whether the word 'Winner' should be removed from the Register of Trade Marks as registered by Blackadder
  2. 2 Whether Blackadder was entitled to register 'Winner' as trade mark
  3. 3 Whether the registration was likely to deceive or otherwise disentitled to protection

Ratio Decidendi

Blackadder was not entitled to registration as he knowingly appropriated a word used and originated by the American company in its trade with Australia, and registration by Blackadder would unfairly prevent the American company from using the name in Australia. The interests of justice and the likelihood of deception warranted the removal of 'Winner' from the register.

Court Disposition

appeal dismissed with costs

Orders

  • The Register of Trade Marks be rectified by expunging therefrom Trade Mark No. 37653 in classes 6 and 7.
  • Notice of the order to be given to the Registrar of Trade Marks.