Lecouturier and Others v. Rey and Others [1910] UKHL 892 (18 March 1910)

Lecouturier and Others v. Rey and Others [1910] UKHL 892 (18 March 1910)

French confiscation and sale did not transfer the English trade-marks or goodwill to the appellants; property situated in England must be regulated by English law, and trade-marks cannot be assigned apart from the business and goodwill, especially where the secret process and reputation remain with the monks.

Source-derived case information.

Citation
[1910] UKHL 892
Parties
Appellant: Lecouturier; Respondent: Rey; Respondent: Herbault; Appellant: La Compagnie Fermiere de la Grande Chartreuse; Respondent: La Union Agricola
Jurisdiction
United Kingdom
Judgment Date
18 March 1910
Procedural Posture
Appeal / Final Judgment by House of Lords
Outcome
appeal dismissed
Legal Topics
Trade Mark Assignment, Extraterritorial Effect of Foreign Law, Passing Off, Goodwill in Business
Intellectual Property International Law Commercial Law Trade Mark Assignment Extraterritorial Effect of Foreign Law Passing Off Goodwill in Business

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Summary, issues, holding and outcome

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Parties

Lecouturier

Appellant

Rey

Respondent

Herbault

Respondent

La Compagnie Fermiere de la Grande Chartreuse

Appellant

La Union Agricola

Respondent

Procedural Posture

Appeal / Final Judgment by House of Lords

Legal Issues

  1. 1 Whether French confiscation and sale of property affects English trade-marks owned by expelled monks
  2. 2 Whether trade-marks can be assigned separately from the business and goodwill
  3. 3 Whether foreign penal laws have extraterritorial effect on property outside their jurisdiction

Ratio Decidendi

French confiscation and sale did not transfer the English trade-marks or goodwill to the appellants; property situated in England must be regulated by English law, and trade-marks cannot be assigned apart from the business and goodwill, especially where the secret process and reputation remain with the monks.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Trade-marks to remain with the monks of Chartreuse.