Upmann v Elkan (1871) 7 Ch App 130 - (TMA).
- fraudulent trade marks.
1) injunction may issue to restrain mere carrier in possession of counterfeit goods.
2) duty on possessor of counterfeit goods to give all proper information and offer redress.
undefined: unpaid
Related case digests
- Norwich Pharmacal Co v Customs & Excise Commissioners [1974] AC 133 – (CDPA) (TMA).
- patents - trade marks. - (per Court of Appeal) a person who has possession or control of infringing goods has equitable duty not to let them into hands of those who may invade the proprietor’s rights. - (per House of Lords) a person innocently involved in the tortious acts of others so as to facilitate their wrong-doing may incur no personal liability, but is under a duty to assist the victim by giving him full information and disclosing the identity of the wrongdoers.