Case Comment

United Telephone Company v.

citation(s): (1884), 25 Ch. D. 778, per Pearson, J.

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 782:

"If there was a patent for a knife of a particular construction, and an injunction was granted restraining a defendant from selling knifes made according to the patent, and he was to sell the component parts so that any schoolboy could put them together and construct the knife, surely that sale would be a breach of the injunction?"

At p. 783:

"That injunction having been granted, I shall not enter into all the details of the case, because I take it, upon the confession of their own Counsel, that the defendants have infringed the injunction, and I must say further that there has been a very flagrant and, to my mind, a very disgraceful breach of the injunction."


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