Clatworthy & Son Ltd. v. Dale Display Fixtures Ltd.

Clatworthy & Son Ltd. v. Dale Display Fixtures Ltd.

The registered design was not original and thus not proper subject‑matter for registration because its essential features were anticipated by prior designs applied to an analogous article (a bedside table with the same underslung double ogee base); accordingly the plaintiff's action for infringement failed and the Exchequer Court judgment holding the registration invalid was affirmed.

Citation
[1929] SCR 429
Parties
Plaintiff/appellant: Clatworthy & Son Limited; Defendant/respondent: Dale Display Fixtures Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 April 1929
Procedural Posture
Industrial Design Registration Infringement / Appeal to Supreme Court of Canada From Exchequer Court; Final Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment of Exchequer Court affirmed in result; registered design held invalid for lack of originality
Legal Topics
Originality, Registration Validity, Anticipation, Infringement, Analogous Articles, Statutory Interpretation
Source Language
English
Intellectual Property Industrial Design Trade Mark Law Originality Registration Validity Anticipation Infringement Analogous Articles +1 more

Case Brief

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Parties

Clatworthy & Son Limited

Plaintiff/appellant

Dale Display Fixtures Limited

Defendant/respondent

Procedural Posture

Industrial Design Registration Infringement / Appeal to Supreme Court of Canada From Exchequer Court; Final Judgment on Appeal

Legal Issues

  1. 1 Whether the registered design was original and therefore registrable under the Trade-Mark and Design Act
  2. 2 Whether prior designs for analogous articles anticipated the registered design
  3. 3 Whether validity of a registered design can be attacked in infringement proceedings or only by expungement under s.42

Ratio Decidendi

The registered design was not original and thus not proper subject‑matter for registration because its essential features were anticipated by prior designs applied to an analogous article (a bedside table with the same underslung double ogee base); accordingly the plaintiff's action for infringement failed and the Exchequer Court judgment holding the registration invalid was affirmed.

Court Disposition

Appeal dismissed with costs; judgment of Exchequer Court affirmed in result; registered design held invalid for lack of originality

Orders

  • Appeal dismissed with costs.
  • Registration held not to be proper subject‑matter for registration due to lack of originality.