John Henderson & Son, Ltd v. Alexander Munro & Co. [1905] ScotLR 42_530 (12 May 1905)

John Henderson & Son, Ltd v. Alexander Munro & Co. [1905] ScotLR 42_530 (12 May 1905)

The circular was likely to mislead the general reader into believing that the respondents had executed works actually performed by the complainers, thereby causing potential injury to the complainers' business. The misleading nature of the circular justified the grant of interim interdict against its publication.

Citation
[1905] ScotLR 42_530
Parties
Complainer: John Henderson & Son, Limited; Respondent: Alexander Munro & Company
Jurisdiction
Scotland
Judgment Date
12 May 1905
Procedural Posture
Note of Suspension and Interdict / Interim Interdict (bill Chamber), Reclaiming Note
Outcome
Interim interdict granted against the publication of the specific circular.
Legal Topics
Interim Interdict, Misleading Trade Circulars, Passing Off, Breach of Confidence
Civil Procedure Commercial Law Intellectual Property Interim Interdict Misleading Trade Circulars Passing Off Breach of Confidence

Case Brief

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Parties

John Henderson & Son, Limited

Complainer

Alexander Munro & Company

Respondent

Procedural Posture

Note of Suspension and Interdict / Interim Interdict (bill Chamber), Reclaiming Note

Legal Issues

  1. 1 Whether the circular published by the respondents was misleading and likely to cause injury to the complainers' business
  2. 2 Whether interim interdict should be granted against the publication of the circular

Ratio Decidendi

The circular was likely to mislead the general reader into believing that the respondents had executed works actually performed by the complainers, thereby causing potential injury to the complainers' business. The misleading nature of the circular justified the grant of interim interdict against its publication.

Court Disposition

Interim interdict granted against the publication of the specific circular.

Orders

  • Recalled the Lord Ordinary's interlocutor refusing interim interdict.
  • Remitted to the Lord Ordinary to pass the note and grant interim interdict against the respondents publishing, issuing, or circulating the circular.