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1 - 2 of 2 (0.17 seconds)British And Foreign Marien Insurance ... vs Indian General Navigation And Railway ... on 12 July, 1910
10. Some of the learned Judges in India seem to have taken the view that it was for the Court to decide as to the area of trade protected by the appellants' trade mark, that is, to answer the questions whether the use of the trade mark on goods not closely similar in character to the appellants' goods would be likely' to deceive. A number of well-known authorities were cited which it was thought would throw light on the correct answer to this question. Their Lordships must repeat that this question is one of fact on. which evidence is essential. The question differs from the question whether a particular mark or name is an imitation or a colourable imitation of a mark or name used by the plaintiff. There the Judge has before his eyes the materials for a decision; and in some cases it cannot be doubted that the Judge can himself decide on the degree of resemblance or on the materiality of alleged differences of the marks or words (North Cheshire and Manchester Brewery Company v. Manchester Brewery Company [1899] A.C.83; Payton & Co., Ld. v. Snelling, Lampard, & Co. Ld.(1900) 17 R. P. C. 628, per Lord Macnaghten at p. 635).
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