ABSTRACT
The principle which is applicable to this class of cases was, in my judgment, well laid down by Lord Kingsdown in The Leather Cloth Company v The American Cloth Company 11 HL Cas 523, 538. It had been previously enunciated in much the same way by Lord Langdale in the case of Croft v Day 7 Beav 84. Lord Kingsdown’s words were as follows:
The fundamental rule is that one man has no right to pass off his goods for sale as the goods of a rival trader, and he cannot therefore (in the language of Lord Langdale in the case of Perry v Truefitt6 Beav 66) be allowed to use names, marks, letters, or other indicia, by which he may induce purchasers to believe that the goods which he is selling are the manufacture of another person.
