Woolley & Son v. Morrison [1904] ScotLR 41_344 (26 February 1904)

Woolley & Son v. Morrison [1904] ScotLR 41_344 (26 February 1904)

The complainers failed to prove that the respondent's use of their embossed bottles deceived or was fitted to deceive the trade or public, or that there was intent to defraud. The embossment indicated ownership, not origin of contents, and the practice of bottle exchange was common. Interdict refused.

Citation
[1904] ScotLR 41_344
Parties
Complainer: Charles Woolley & Son; Respondent: William Morrison
Jurisdiction
Scotland
Judgment Date
26 February 1904
Procedural Posture
Suspension and Interdict / Reclaiming Motion (appeal) From Lord Ordinary's Refusal of Interdict
Outcome
interdict refused; court adhered to Lord Ordinary's decision
Legal Topics
Trade Name, Passing Off, Interdict, Ownership of Marked Bottles, Misrepresentation
Intellectual Property Commercial Law Trade Name Passing Off Interdict Ownership of Marked Bottles Misrepresentation

Case Brief

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Parties

Charles Woolley & Son

Complainer

William Morrison

Respondent

Procedural Posture

Suspension and Interdict / Reclaiming Motion (appeal) From Lord Ordinary's Refusal of Interdict

Legal Issues

  1. 1 Whether use of bottles embossed with complainers' name by respondent constitutes misrepresentation or passing off
  2. 2 Whether such use is calculated to deceive the public or trade
  3. 3 Whether interdict should be granted in absence of intent to defraud or actual deception

Ratio Decidendi

The complainers failed to prove that the respondent's use of their embossed bottles deceived or was fitted to deceive the trade or public, or that there was intent to defraud. The embossment indicated ownership, not origin of contents, and the practice of bottle exchange was common. Interdict refused.

Court Disposition

interdict refused; court adhered to Lord Ordinary's decision

Orders

  • Prayer of the note refused
  • Expenses awarded against complainers