About: Frank Reddaway Ltd v Banham     Goto   Sponge   NotDistinct   Permalink

An Entity of Type : owl:Thing, within Data Space : dbpedia.demo.openlinksw.com associated with source document(s)
QRcode icon
http://dbpedia.demo.openlinksw.com/describe/?url=http%3A%2F%2Fdbpedia.org%2Fresource%2FFrank_Reddaway_Ltd_v_Banham

Frank Reddaway Ltd. v. George Banham, [1896] A.C. 199 is a famous decision of the House of Lords on the tort of passing off. The Court held that purely descriptive product names such as "camel hair belting" can acquire secondary meaning, and consequently, is protected from passing off. Frank Reddaway made which he sold under the name "Camel Hair Belting" for many years. George Banham was a former employee of Reddaway who left to start his own business manufacturing machine belting which he also called "Camel Hair Belting". Lord Herschell stated:

AttributesValues
rdfs:label
  • Frank Reddaway Ltd v Banham (en)
rdfs:comment
  • Frank Reddaway Ltd. v. George Banham, [1896] A.C. 199 is a famous decision of the House of Lords on the tort of passing off. The Court held that purely descriptive product names such as "camel hair belting" can acquire secondary meaning, and consequently, is protected from passing off. Frank Reddaway made which he sold under the name "Camel Hair Belting" for many years. George Banham was a former employee of Reddaway who left to start his own business manufacturing machine belting which he also called "Camel Hair Belting". Lord Herschell stated: (en)
foaf:depiction
  • http://commons.wikimedia.org/wiki/Special:FilePath/Frank_Reddaway.jpg
dcterms:subject
Wikipage page ID
Wikipage revision ID
Link from a Wikipage to another Wikipage
sameAs
dbp:wikiPageUsesTemplate
thumbnail
has abstract
  • Frank Reddaway Ltd. v. George Banham, [1896] A.C. 199 is a famous decision of the House of Lords on the tort of passing off. The Court held that purely descriptive product names such as "camel hair belting" can acquire secondary meaning, and consequently, is protected from passing off. Frank Reddaway made which he sold under the name "Camel Hair Belting" for many years. George Banham was a former employee of Reddaway who left to start his own business manufacturing machine belting which he also called "Camel Hair Belting". Reddaway sued Banham for passing off. He argued that there was a large portion of the public who recognized the name "Camel Hair Belting" as his product. He was also able to demonstrate that there were people who were getting the products confused. The Court of Appeal held that the name was merely descriptive and so could not be protected. The House of Lords overturned the decision of the Court of Appeal. Lord Herschell held that the words had acquired a secondary meaning through its broad notoriety, and that the public clearly associated the name "Camel Hair Belting" with the exact product produced by Reddaway. Lord Herschell stated: I cannot help saying that, if the defendants are entitled to lead purchasers to believe that they are getting the plaintiffs' manufacture when they are not, and thus to cheat the plaintiffs of some of their legitimate trade, I should regret to find that the law was powerless to enforce the most elementary principles of commercial morality.' (en)
prov:wasDerivedFrom
page length (characters) of wiki page
foaf:isPrimaryTopicOf
is Link from a Wikipage to another Wikipage of
is Wikipage redirect of
is foaf:primaryTopic of
Faceted Search & Find service v1.17_git139 as of Feb 29 2024


Alternative Linked Data Documents: ODE     Content Formats:   [cxml] [csv]     RDF   [text] [turtle] [ld+json] [rdf+json] [rdf+xml]     ODATA   [atom+xml] [odata+json]     Microdata   [microdata+json] [html]    About   
This material is Open Knowledge   W3C Semantic Web Technology [RDF Data] Valid XHTML + RDFa
OpenLink Virtuoso version 08.03.3330 as of Mar 19 2024, on Linux (x86_64-generic-linux-glibc212), Single-Server Edition (378 GB total memory, 60 GB memory in use)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2024 OpenLink Software