Sayers v. Briggs & Co. (Jersey) Ltd. [1963] JJ 249 (16 April 1963)

Sayers v. Briggs & Co. (Jersey) Ltd. [1963] JJ 249 (16 April 1963)

A retailer trading under a fanciful name is entitled to restrain another retailer in the same street from using a similar name, even if the goods sold are of a different class and regardless of intention to deceive.

Citation
[1963] JJ 249
Parties
Plaintiff: Sayers; Defendant: Briggs & Co. (Jersey) Ltd.
Jurisdiction
Jersey
Judgment Date
16 April 1963
Procedural Posture
Civil / Judgment
Outcome
plaintiff succeeded
Legal Topics
Passing Off, Deceptive Business Practices, Trademark
Tort Passing Off Deceptive Business Practices Trademark

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Sayers

Plaintiff

Briggs & Co. (Jersey) Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a retailer can restrain another retailer in the same street from using a similar fanciful name, even if they sell different classes of goods
  2. 2 Whether intention to deceive is necessary for passing off

Ratio Decidendi

A retailer trading under a fanciful name is entitled to restrain another retailer in the same street from using a similar name, even if the goods sold are of a different class and regardless of intention to deceive.

Court Disposition

plaintiff succeeded

Orders

  • Defendant restrained from using the similar name in the same street