Sayers v Briggs and Co. [1964] JJ 423 (22 December 1964)

Sayers v Briggs and Co. [1964] JJ 423 (22 December 1964)

A trader or business whose name is known in the Island is entitled to protection against passing off, and infraction may be presumed if the infractor has no legitimate claim to the name.

Citation
[1964] JJ 423
Parties
Plaintiff: Sayers; Defendant: Briggs and Co.
Jurisdiction
Jersey
Judgment Date
22 December 1964
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Passing Off, Use of Name, Trademark Protection
Tort Passing Off Use of Name Trademark Protection

Case Brief

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Parties

Sayers

Plaintiff

Briggs and Co.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the use of a name known in the Island as denoting a particular trader or business is entitled to protection against passing off
  2. 2 Whether infraction requires proof that the infractor is commonly known by the name or that it describes his business or goods
  3. 3 Whether infraction may be presumed if the infractor has no claim to the name

Ratio Decidendi

A trader or business whose name is known in the Island is entitled to protection against passing off, and infraction may be presumed if the infractor has no legitimate claim to the name.

Court Disposition

judgment for plaintiff