Havana Cigar and Tobacco Factories, Ltd. v. Oddenino

1 Ch. 179 (1924)

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Havana Cigar and Tobacco Factories, Ltd. v. Oddenino

England and Wales Court of Appeal
1 Ch. 179 (1924)

SH

Facts

Havana Cigar and Tobacco Factories, Ltd. (Havana) (plaintiff) manufactured cigars. Cigars from all brands were referred to by both the brand name and a size name. Havana manufactured a brand named Corona. One of the available sizes of Corona cigars was also called Corona, and these cigars were therefore referred to as Corona Coronas. Other brands of cigars also adopted the size name Corona for similar-sized cigars. For example, Partagas cigars had a line named Partagas Coronas. Auguste Oddenino (defendant) operated a restaurant that sold cigars. When patrons of Oddenino’s restaurant asked for a Corona cigar, the servers would often bring them a Corona-sized cigar from another brand. Havana filed suit against Oddenino and requested an injunction against the restaurant supplying other brands when a patron requested a Corona cigar. At trial, Havana produced evidence that when patrons asked for Corona cigars, more than half of them wanted the Corona brand, not simply Corona-sized cigars. The trial court found in favor of Havana and granted the requested injunction. Oddenino appealed.

Rule of Law

Issue

Holding and Reasoning (Sargant, J.)

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