DIGEST OF CASES REPORTED IN [1979] R.P.C.

Editor MICHAEL FYSH of the Inner Temple and King's Inns, Barrister-at-Law DIGEST OF CASES REPORTED IN [1979] R.P.C. Printed in Scotland by HER MAJESTY'S STATIONERY OFFICE and published by THE PATENT OFFICE 25 Southampton Buildings, Chancery Lane, London WC2A 1AY REPORTS OF PATENT, DESIGN AND TRADE MARK CASES  REPORTS OF PATENT, DESIGN, TRADE MARK AND OTHER CASES [1979] R.P.C. TOGETHER WITH A DIGEST OF CASES REPORTED IN 1979 LONDON PUBLISHED AT THE PATENT OFFICE, 25 SOUTHAMPTON BUILDINGS CHANCERY LANE, WC2A IAY DPC—B Editor MICHAEL FYSH of the Inner Temple and King's Inns, Barrister-at-Law TABLE OF CONTENTS PAGE CASES REPORTED DEFENDANTS' NAMES IN ACTIONS v ... viii TRADE MARKS AND TRADE NAMES ix CASES NOTED IN JUDGMENTS x TABLE OF STATUTES AND STATUTORY INSTRUMENTS xx PATENT CASES xxiii COPYRIGHT CASES xxviii TRADE MARK CASES DIGEST: ... xxx PASSING OFF CASES xxxiii REGISTERED DESIGN CASE xxxiv PRACTICE CASES, PRACTICE DIRECTIONS xxxv PATENT CASES COPYRIGHT CASES xxxviii ... ... ... lix TRADE MARK CASES Ixxiv PASSING OFF CASES lxxxix REGISTERED DESIGN CASE xciii PRACTICE CASES, PRACTICE DIRECTIONS xcv INDEX: During 1979 the following either submitted reports or assisted with the preparation of reports: Julian Jeffs Q.C., Peter Prescott, W. Bruce Spalding, Robin Jacob, David Gibbins, J. Martyn, J. Drysdale, H. Laddie, Brian Reid, Jeremy Davies, George Hamer, Mary Vitoria, C. D. Whittle, Mark Platts-Mills, John Baldwin, David Kitchin, Martin Howe and Peter Garland, Barristers-at-law. The House of Lords cases were reported by F. Cowper, Barrister-at-Law. The Editor also wishes to thank the numerous patent agents and solicitors who assisted in various ways, in particular Richard Lloyd Esq. and L. Cohen Esq. From Ireland, the Editor has been assisted by Diarmuid Sheridan S.C. and Brian McCracken S.C. of the Irish Bar and by Martin J. Tierney B.L. of F. R. Kelly & Co., by F. Donaldson of MacLachlan & Donaldson and by Jeremy Phillips of Trinity College Dublin. The Editor wishes also to thank K. Handley Q.C. and J. J. Garnsey of the New South Wales Bar and Anthony Rogers and Andrew Liao of the Hong Kong Bar for their suggestions and many other practitioners in the various professions throughout the Commonwealth for drawing his attention to decisions and errors and giving other assistance. The Editor also wishes to thank the clerks of the various barristers mentioned above for their patience and assistance. Peter Garland, Barrister at Law, compiled the Digest. ERRATA Page 19, line 29, delete "427", insert "All". Page 19, line 34, delete "48", insert "49". Page 128, line 27, delete "defendants", insert "plaintiffs". Page 283, lines 26-27, it has been pointed out that Application des Gaz, not Valor International Ltd., appealed and that there was no cross-appeal. Page 283, lines 35-36, Whitford J., in addition to striking out the statement of claim, also dismissed the action and it was on this latter point that the plaintiffs appealed (unsuccessfully). The majority of the English judgments in this volume are taken from the shorthand notes of Messrs. Marten, Meredith & Co., Shorthandwriters, 36-38 Whitefriars Street, London EC4Y 8BJ. The Editor wishes to record his indebtedness to numerous persons and law publishing companies in the Commonwealth, Ireland, Israel, South Africa and elsewhere who have assisted in the presentation of these Reports. In particular, the Editor wishes to thank the Law Book Company of Sydney, N.S.W.; Butterworths, Chatswood, N.S.W.; Butterworths of New Zealand Ltd.; The Incorporated Council of Law Reporting for Ireland; The Irish Patent Office; The Editor of the Malayan Law Journal; Hong Kong Government Information Services; The Registrar of the Supreme Court, Bermuda; W. Green & Son Ltd. and T. and T. Clark & Co., Edinburgh; Juta & Company Ltd., Wynberg, Cape, South Africa; Spoor and Fisher, Patent Attorneys, Johannesburg; Deacons, Solicitors, Hong Kong; Triay & Triay, Barristers and Solicitors, Gibraltar; Maples & Calder, Barristers and Solicitors, Cayman Islands; D. P. Ahuja & Co., Patent Attorneys, Calcutta; Mr. V. G. Nair of Bombay, Editor of Industrial Property Law Reporter; Finbar Dempsey and Co. Barrister's and Solicitor's, Grand Turk, Turk's and Caicos Island's B.W.I. Page 283, line 42, delete "Ralph", insert "Raph". Page 303, line 20, delete "followed", insert "allowed". Page 303, line 27, delete "registrar", insert "register". Page 303, line 31, delete "disclaimer", insert "disclaimed". Page 327, line 12, delete "Plasticisers Ltd.", insert "Pixdane Ltd." Page 327, line 13, delete "Pixdane Ltd.", insert "Plasticisers Ltd." Page 327, line 18, delete "Plasticisers Ltd.", insert "Pixdane Ltd." Page 338, line 8, delete "taxes", insert "takes". Page 342, line 6, delete "E. P. Du Pont", insert "E. I. Du Pont". No. 19 (outside cover), delete "Page 411", insert "Page 410". Page 410, line 37, delete "(1945)", insert "(1946)". Page 441, line 30, delete "Fellows", insert "Fellowes". Page 442, line 20, delete "Grenada", insert "Granada". Page 460, lines 3-5, the headnote should read that discovery of the documents relating to the United Kingdom filing and prosecution should be ordered whereas discovery of those relating to the United States filing should not. Page 469, line 21, delete "applicants", insert "opponents". Page 525, line 16, delete "p. 35", insert "P. 35". Page 543, line 35, delete "p. 35", insert "P. 35". Page 546, line 14, delete "p. 35", insert "P. 35". Page 555, line 4, delete "Robertson", insert "Roberton". Page 327, line 19, delete "Pixdane Ltd.", insert "Plasticisers Ltd." [1979] REPORTS OF PATENT, DESIGN AND TRADE MARK^ASES CASES REPORTED / CASES REPORTE * Denotes a Patent Matter PAGE * AMERICAN CYANAMID COMPANY V. ETHICON LTD. (PATENT: INFRINGEMENT: AMENDMENT: VALIDITY: AMBIGUITY: NOVELTY: OBVIOUSNESS: INSUFFICIENCY: PRIOR CLAIM: PRACTICE: C H . D . ) [1] 215 ATLAS TRADE MARK (RECTIFICATION: NON-USER: REGISTRY) [27] ... 59 * BRISTOL-MYERS COMPANY (JOHNSON'S) APPLICATION (PATENT: OPPOSITION: PRIOR USER: AMENDMENT: P. A.T.) [3] 450 H. P. BULMER LTD. AND SHOWERINGS LTD. V. J. BOLLINGER S.A. AND ANOTHER (PASSING O F F : "CHAMPAGNE CIDER": FORM OF ORDER: C.A.)[32] 213 COOK AND HURST'S DESIGN APPLICATION (REGISTERED DESIGN: COLOUR IN DESIGN: R.D.A.T.) [33] * DUNLOP HOLDINGS LIMITED'S APPLICATION (PATENT: OPPOSITION: PRACTICE: ALLEGATION OF PRIOR USER: BURDEN OF PROVING SECRECY OR NON-SECRECY: P.O., P.A.T., C.A.) [2] 197 523 FIF TRADE MARK (APPLICATION: OPPOSITION: C H . D . ) [18] 355 GOLDEN JET TRADE MARK (APPLICATION: OPPOSITION: REGISTRY) [19] 19 GRANADA TRADE MARK (APPLICATION: OPPOSITION: SECTION 12: REGISTRY) [20] 303 * HALCON INTERNATIONAL INC. V. THE SHELL TRANSPORT AND TRADING Co. AND OTHERS (PATENT: INFRINGEMENT: PRACTICE: DISCOVERY: C H . D . , C.A.) [8] 97 * HALCON INTERNATIONAL INC. V. THE SHELL TRANSPORT AND TRADING Co. AND OTHERS (DISCOV (...truncated)