White v. Mellin

[1895] A.C. 154 (1895)

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White v. Mellin

United Kingdom House of Lords
[1895] A.C. 154 (1895)

Facts

White (defendant) sold two kinds of baby food from two companies: Dr. Vance and Mellin (plaintiff). White sold Mellin’s baby food with a label that said: “Notice. The public are recommended to try Dr. Vance’s prepared for infants and invalids, it being far more nutritious and healthful than any other preparation yet offered.” Mellin filed suit against White, seeking an injunction against White from including the label on Mellin’s baby food. Mellin presented no evidence of lost profits resulting from White’s label. The trial court dismissed the case. The court of appeals ordered a new trial.

Rule of Law

Issue

Holding and Reasoning (Herschell, J.)

Concurrence (Shand, J.)

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