The Law Reports (Queen's Bench Division)
[1962] 2 QB 286
[DIVISIONAL COURT]
LITTLEWOODS MAIL ORDER STORES LTD.
v.
STOREY.
1962 June 5.
Lord Parker C.J., Streatfeild and Lawton JJ.
Merchandise Marks
— Indication of origin
— Imported goods assembled abroad
— Umbrellas made in Hong Kong
— Ribs and tubes made of iron or steel wire
— Whether umbrellas “any goods”
— Whether ribs and tubes must bear indication of origin
—
Merchandise Marks Act, 1926 (16 & 17 Geo. 5, c. 53), s. 5 (3)
—
Merchandise Marks (Imported Goods) No. 10 Order, 1933 (S.R. & O. 1933, No. 491).
Evidence
— Judicial notice
— Object
— Article ordinarily made of iron or steel
— Article examined by magistrate
— Evidence of plating
— No cross-examination about basic metal
— No other oral evidence
— Whether magistrate entitled to find as fact article made of iron or steel
— Umbrella.