Perry v Truefitt

Last updated

Perry V. Truefitt
Decided1842
Citation6 Beav. 66,49 E.R. 749
Case history
Related action passing off
Keywords
Tort law

Perry v Truefitt (1842) 6 Beav. 66 is a famous English case where the tort of passing off was first articulated. Leathart made a hair treatment product. He had shown the mixing process to Perry, a perfumer and hair-dresser, who decided to call the mixture "Medicated Mexican Balm". Perry marketed the mixture under the title "Perry's Medicated Mexican Balm". Truefitt, one of Perry's competitors, made a product that was very similar to Perry's mixture, which he marketed under the name "Truefitt's Medicated Mexican Balm", using bottles and labels that looked like Perry's product. Perry filed a bill against Truefitt, arguing that the name "Medicated Mexican Balm" was valuable to his business and that he should have exclusive right to prevent others from using it. The Court denied Perry the right to the name. However, Lord Longdale held that misrepresentation can be grounds for an injunction, stating that "a man is not to sell his own goods under the pretence that they are the goods of another man".

Related Research Articles

Purchasing power parity (PPP) is a measure of the price of specific goods in different countries and is used to compare the absolute purchasing power of the countries' currencies. PPP is effectively the ratio of the price of a market basket at one location divided by the price of the basket of goods at a different location. The PPP inflation and exchange rate may differ from the market exchange rate because of tariffs, and other transaction costs.

<span class="mw-page-title-main">Counterfeit</span> Making a copy or imitation which is represented as the original

A counterfeit is a fake or unauthorized replica of a genuine product, such as money, documents, designer items, or other valuable goods. Counterfeiting generally involves creating an imitation of a genuine item that closely resembles the original to deceive others into believing it is authentic.

Caveat emptor is Latin for "Let the buyer beware". It has become a proverb in English. Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase caveat emptor and its use as a disclaimer of warranties arises from the fact that buyers typically have less information than the seller about the good or service they are purchasing. This quality of the situation is known as 'information asymmetry'. Defects in the good or service may be hidden from the buyer, and only known to the seller.

Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation.

<span class="mw-page-title-main">Safety data sheet</span> Sheet listing work-related hazards

A safety data sheet (SDS), material safety data sheet (MSDS), or product safety data sheet (PSDS) is a document that lists information relating to occupational safety and health for the use of various substances and products. SDSs are a widely used type of fact sheet used to catalogue information on chemical species including chemical compounds and chemical mixtures. SDS information may include instructions for the safe use and potential hazards associated with a particular material or product, along with spill-handling procedures. The older MSDS formats could vary from source to source within a country depending on national requirements; however, the newer SDS format is internationally standardized.

The first-sale doctrine is an American legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works. In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine.

<span class="mw-page-title-main">Trademark dilution</span> Concept of weakening a trademarks uniqueness used to grant protection for trademark rights

Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs.

<span class="mw-page-title-main">Lip balm</span> Skin care product

Lip balm or lip salve is a wax-like substance applied to the lips to moisturize and relieve chapped or dry lips, angular cheilitis, stomatitis, or cold sores. Lip balm often contains beeswax or carnauba wax, camphor, cetyl alcohol, lanolin, paraffin, and petrolatum, among other ingredients. Some varieties contain dyes, flavor, fragrance, phenol, salicylic acid, and sunscreen.

<span class="mw-page-title-main">ChapStick</span> Brand name of lip balm

ChapStick is a brand name of lip balm owned by Suave Brands Company and is used in many countries worldwide. It is intended to help treat and prevent chapped lips, hence the name. Many varieties also include sunscreen to avoid sunburn.

<span class="mw-page-title-main">Liniment</span> Ointment-like medicated topical preparation for application to skin

Liniment, also called embrocation and heat rub, is a medicated topical preparation for application to the skin. Some liniments have a viscosity similar to that of water; others are lotion or balm; still, others are in transdermal patches, soft solid sticks, and sprays. Liniment usually is rubbed into the skin, which the active ingredients penetrate.

<span class="mw-page-title-main">European single market</span> Single market of the European Union and participating non-EU countries

The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the 27 member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Liechtenstein, Norway, and Switzerland. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow.

<span class="mw-page-title-main">Henkel North American Consumer Goods</span> American company

Henkel Corporation, doing business as Henkel North American Consumer Goods and formerly The Dial Corporation, is an American company based in Stamford, Connecticut. It is a manufacturer of personal care and household cleaning products and is a subsidiary of multinational company Henkel AG & Co. KGaA.

<span class="mw-page-title-main">Canadian trademark law</span>

Canadian trademark law provides protection to marks by statute under the Trademarks Act and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. A mark can be protected either as a registered trademark under the Act or can alternately be protected by a common law action in passing off.

<span class="mw-page-title-main">Mentholatum</span> American maker of non-prescription health care products

The Mentholatum Company, Inc. is a maker of non-prescription health care products founded in 1889 by Albert Alexander Hyde in the United States. It was bought out by Rohto Pharmaceutical Co., a Japanese health care company, in 1988. The Mentholatum Company is known for its top three products, Mentholatum Ointment, Mentholatum Deep Heating Rub, and Mentholatum Lip Care. The Mentholatum Company also produces Fletcher's Laxative a product line purchased in 1984, from Sterling Drug. The Mentholatum Building in Buffalo, New York, was listed on the National Register of Historic Places in 2017.

<span class="mw-page-title-main">Aussie (shampoo)</span> American toiletries brand specializing in hair care products

Aussie is an American toiletries brand. Its products are focused on hair care, such as shampoos, conditioners, hair serums, gels, and sprays. While its logo is a kangaroo, and slogan is "Add some Roo to Your Do!", along with earlier advertisements having the voiceover of an Australian woman, the brand is not Australian owned, made, nor conducts research & development in Australia. The products are manufactured in Europe and the United States by Procter & Gamble, an American company. The brand and initial product was created by American businessperson Thomas Redmond in the late 1970s.

The New Economic Mechanism (NEM) (Hungarian: Új gazdasági mechanizmus) was a major economic reform launched in the People's Republic of Hungary in 1968. Between 1972 and 1978, it was curtailed by the prevailing winds of Eastern Bloc politics. During the subsequent decade, until the revolutions of 1989 ended the era, the NEM's principles continued to affect the Hungarian economy, even in cases where the "NEM" name was not emphasized. Because of the NEM, Hungary in the 1980s had a higher ratio of market mechanisms to central planning than any other Eastern Bloc economy. The ratio was different to an extent that was politically challenging to bring about in the Soviet sphere because of the ideological mixture it required. The name Goulash Communism was jokingly (but tellingly) applied to this mixture. The Hungarian economy under the influence of NEM principles was widely viewed as outperforming other Eastern Bloc economies, making Hungary "the happiest barrack" in barracks communism. Many Soviet and Eastern European people enjoyed going to Hungary (for example, on work assignments or on vacations) because of the economic and cultural environment there.

<span class="mw-page-title-main">Truefitt & Hill</span> British barbershop

Truefitt & Hill is the oldest barbershop in the world, as certified by Guinness Book of World Records in April 2000. Truefitt was established in 1805 by William Francis Truefitt, who styled himself as hairdresser to the British Royal Court and the firm received their first Royal Warrant from King George III. In 1911, Edwin Hill set up a barber shop on Old Bond Street, also near the royal neighbourhoods in London and it was to this address H.P. Truefitt moved in 1935 to create Truefitt & Hill. Other Truefitt regional outlets were merged into the present company in 1941. The present location of Truefitt & Hill at 71 St. James's Street, was taken up in 1994. In addition, there are locations in Toronto, Melbourne, Beijing, Canberra, Sydney, Bangladesh, India, Kuala Lumpur, Singapore, Kuwait, Bangkok, Nepal, Sri Lanka, Bhutan, Vietnam, Myanmar, and the Czech Republic.

<span class="mw-page-title-main">Joseph Gayetty</span> Inventor of toilet paper

Joseph C. Gayetty was an American inventor credited with the invention of commercial toilet paper. It was the first and remained only one of the few commercial toilet papers from 1857 to 1890 remaining in common use until the invention of splinter-free toilet paper in 1935 by the Northern Tissue Company.

Perry v. Louisiana, 498 U.S. 38 (1990), was a United States Supreme Court case over the legality of forcibly medicating a death row inmate with a mental disorder, to render him competent to be executed.

<span class="mw-page-title-main">Shampoo</span> Hair care product

Shampoo is a hair care product, typically in the form of a viscous liquid, that is used for cleaning hair. Less commonly, shampoo is available in solid bar format. Shampoo is used by applying it to wet hair, massaging the product into the scalp, and then rinsing it out. Some users may follow a shampooing with the use of hair conditioner.

References

https://discovery.nationalarchives.gov.uk/details/r/C7923012

See also