Polycell Products Ltd v O'Carroll and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1959
• Date: 01 January 1959
• Court: High Court

(H.C.)

Polycell Products Ltd

and

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...