Polycell Products Ltd v O'Carroll and Others

Judgment Date01 January 1959
Date01 January 1959
CourtHigh Court
Polycell Products Ltd
O'Carroll and others

"Polycell" -"Clingcell" - Cellulose adhesive - Motion for interlocutory injunction.

The plaintiffs were manufacturers and distributors of a cellulose adhesive, used for fixing wallpaper, which was marketed under the name "Polycell", and packaged in a distinctive manner which had been unchanged from the year 1954. The defendants marketed a similar product under the name of "Clingcell". The plaintiffs instituted proceedings, seeking an order restraining the defendants from selling their product and exposing or advertising it for sale m packages, got up in a manner or bearing labels or markings which so resembled the get up, labels or markings used by the plaintiffs as to be calculated to lead to the belief that the product contained in the said packets was the wallpaper adhesive manufactured by the plaintiffs. On an application by the plaintiffs seeking an interlocutory injunction, held by Budd J. that there was such a similarity of appearance between the two packages used...

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5 cases
  • McCambridge Ltd v Joseph Brennan Bakeries
    • Ireland
    • Supreme Court
    • 31 July 2012
    ......It sells a wide range of bread products, including white and brown pans. Part of its activities includes selling ... of different elements may give rise to a distinctive get up (see Polycell Products Limited v. O”Carroll and Others T/A Dillon O”Carroll [1959] 1 ......
  • Allergan Inc. v Ocean Healthcare Ltd
    • Ireland
    • High Court
    • 24 June 2008
    ...-Re GE Trademark [1973] RPC 297 and Cofresco v Controller of Patents [2007] 2 ILRM 430 followed; Polycell Products Ltd v O'Carroll [1959] Ir Jur Rep 34, Unilever plc v Controller of Patents [2007] 2 ILRM 389 and B & S Ltd v Irish Auto Trader Ltd [1995] 2 IR 142 adopted; Guinness (Irelan......
  • Local Ireland Ltd v Local Ireland-Online Ltd
    • Ireland
    • High Court
    • 2 October 2000
    ...Ltd. v. Westminster Windows & General Cleaners Ltd. [1946] 1 All E.R. 320; (1946) 63 R.P.C. 39. Polycell Products Ltd. v. O'Carroll [1959] Ir. Jur. Rep. 34. Reckitt and Coleman Products Ltd. v. Borden [1990] 1 W.L.R. 491; [1990] 1 All E.R. 873. Reddaway v. Banham [1896] A.C. 199. Injunction......
  • Jacob Fruitfield Food Group Ltd and Another v United Biscuits (U.K.) Ltd
    • Ireland
    • High Court
    • 12 October 2007
    ...& Coleman Products Ltd. v Borden Ink [1990] 1 All ER 873 applied; Polycell Products Ltd v O'Carroll and Others T/A Dillon O'Carroll [1959] Ir Jur 34 followed; Fisons v Godwin [1976] RPC 653 considered; DSG Retail v PC World (Unrep, Laffoy J, 13/1/1998) followed - Injunction granted in respe......
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