Introduction
Victims
Suspects
Witnesses
Ripper Letters
Police Officials
Official Documents
Press Reports
Victorian London
Message Boards
Ripper Media
Authors
Dissertations
Timelines
Games & Diversions
Photo Archive
Ripper Wiki
Casebook Examiner
Ripper Podcast
About the Casebook

 Search:


Most Recent Posts:
Mary Jane Kelly: ORIGINAL doors in Miller's court - by DJA 1 hour and 15 minutes ago.
Mary Jane Kelly: ORIGINAL doors in Miller's court - by Robert St Devil 2 hours ago.
Mary Jane Kelly: ORIGINAL doors in Miller's court - by Robert St Devil 2 hours ago.
Mary Jane Kelly: ORIGINAL doors in Miller's court - by jerryd 3 hours ago.
A6 Murders: A6 Rebooted - by moste 3 hours ago.
Goulston Street Graffito: Goulstan Street Graffito. - by DJA 5 hours ago.

Most Popular Threads:
Mary Jane Kelly: ORIGINAL doors in Miller's court - (17 posts)
Maybrick, James: Who was the author of the 'Maybrick' diary? Some options. - (9 posts)
Scene of the Crimes: Miller's Court Demolition Photo - (9 posts)
Goulston Street Graffito: Goulstan Street Graffito. - (3 posts)
Goulston Street Graffito: The GSG - Did Jack write it? POLL - (2 posts)
Bury, W.H.: The Life of William Henry Bury - (2 posts)

Wiki Updates:
Robert Sagar
Edit: Chris
May 9, 2015, 12:32 am
Online newspaper archives
Edit: Chris
Nov 26, 2014, 10:25 am
Joseph Lawende
Edit: Chris
Mar 9, 2014, 10:12 am
Miscellaneous research resources
Edit: Chris
Feb 13, 2014, 9:28 am
Charles Cross
Edit: John Bennett
Sep 4, 2013, 8:20 pm

Most Recent Blogs:
Mike Covell: A DECADE IN THE MAKING.
February 19, 2016, 11:12 am.
Chris George: RipperCon in Baltimore, April 8-10, 2016
February 10, 2016, 2:55 pm.
Mike Covell: Hull Prison Visit
October 10, 2015, 8:04 am.
Mike Covell: NEW ADVENTURES IN RESEARCH
August 9, 2015, 3:10 am.
Mike Covell: UPDDATES FOR THE PAST 11 MONTHS
November 14, 2014, 10:02 am.
Mike Covell: Mike’s Book Releases
March 17, 2014, 3:18 am.
   More Ripper Blogs »

Unmasking Jack the Ripper
"Perhaps the best Jack the Ripper documentary produced in recent years." North American and European DVD formats both available.
Buy now!

The Times (London).
17 December 1887

HIGH COURT OF JUSTICE
CHANCERY DIVISION
Before Mr. Justice Kay
WILLIAMS V HODGE AND CO.

This was a motion on behalf of the plaintiff, Dr. John Williams, the well known obstetric physician, of 11 Queen Anne street, for an injunction to restrain the defendants, Messrs. Hodge & Co., surgical instrument makers, of Oxford street, from using, min their trade catalogue, the name of the plaintiff in connexion with a certain instrument of a simple character commonly used in obstetric operations, so as to lead the public to believe that it was the plaintiff's invention. On the use of his name coming to the plaintiff's knowledge he remonstrated with the defendants, but they refused to expunge his name from their catalogue. The defendants did not appear to the motion.

Mr. Renshaw, Q.C. (with whom was Mr. Rolls Warrington), read an affidavit by the plaintiff to the effect that it was contrary to the etiquette of the medical profession for a practitioner to advertise himself or to hold himself out to the public as an inventor, and that if he did so he injured himself in the eyes of his fellow practitioners; and that this attempt to connect the plaintiff's name with an instrument of so simple a character would ten not only to injure him, but also to render him an object of ridicule in the profession. The plaintiff was supported by an affidavit by Sir William Jenner to the same effect.

Mr. Justice Kay - This case seems like "Clark V Freeman" (11 Beav., 112), where the Court refused to grant an injunction to prevent a chemist from selling a pill under a false and colourable representation that it was a medicine of the plaintiff, the eminent physician, Sir James Clark. That decision was no doubt a surprise to the profession; but has it ever been overruled?

Mr. Renshaw - It has certainly not been accepted as sound. The defendants' untrue representations are calculated to injure the plaintiff in his business, and thus the case falls within "Thorley's Cattle Food Company v Massam" and that class of cases.

Mr. Justice Kay - That is a question for the trial; I cannot decide it on an interlocutory application. This is a simple instrument and perfectly harmless; but in the "Clark v Freeman" the pill advertised by the defendant was one of a dangerous kind, which the eminent physician who was the plaintiff would never have thought of prescribing.

Mr. Renshaw - That case is not considered to be law now.

Mr. Justice Kay - That is a question for the trial. Supposing the name of some eminent surgeon were attached to a particular instrument, every one would know that the name was not so used by that surgeon, but by some unscrupulous manufacturer.

Mr. Renshaw - I submit that in such a case the wrongful use of the name ought to be restrained. It is, in fact, libellous. In "Hill v Hart Davies" your Lordship granted an injunction to restrain a libel likely to injure a friendly society.

Mr. Justice Kay, in delivering judgement, said that in this case there seemed to have been, according to the evidence, a most unwarrantable use of the name of a gentleman of great eminence in the medical profession by associating it with a particular instrument. That gentleman now asked for an injunction that use of his name. Had the matter been res nova his Lordship should have said that he was certainly entitled to an injunction. A gentleman in the plaintiff's position might reasonably ask, "Why should my name be taken in vain by an unscrupulous manufacturer of surgical instruments?" The defendant had no more right to use the name of this eminent medical man than to take his purse - so his Lordship should have said upon his own unassisted judgement if the case had come before him for decision for the first time. But there was the case of "Clark v Freeman," in which the name of Sir James Clark, one of the most eminent physicians of his day, was used by the defendant, a chemist, in connexion with a pill which Sir James had never heard of, and which he would never have dreamt of telling his patients to take. There Lord Langdale refused to grant the injunction asked for. As his Lordship had said, that decision was rather a surprising one, and one which he had always thought was not sufficiently considered; but it was a decision from which he did not feel himself at liberty to depart, and from which, upon an interlocutory application such as the present, he had no right to depart. His Lordship was not at present aware of any reported case in which "Clark v Freeman" had been considered, or of any case overruling it. Accordingly, the question raised by this motion must stand over until the trial of the action, if the defendants were foolish enough to allow it to be brought on. His Lordship thought it right to add that he could not conceive that any one in the world would suppose this gentleman's professional name would be in the least damaged by this most unscrupulous use of it.


Related pages:
  Dr. John Williams
       Dissertations: Jack in the Box 
       Press Reports: Times [London] - 1 December 1900 
       Press Reports: Times [London] - 1 March 1895 
       Press Reports: Times [London] - 10 May 1872 
       Press Reports: Times [London] - 11 February 1895 
       Press Reports: Times [London] - 12 May 1888 
       Press Reports: Times [London] - 14 March 1888 
       Press Reports: Times [London] - 14 May 1877 
       Press Reports: Times [London] - 15 June 1905 
       Press Reports: Times [London] - 17 March 1879 
       Press Reports: Times [London] - 18 February 1896 
       Press Reports: Times [London] - 2 November 1880 
       Press Reports: Times [London] - 2 October 1877 
       Press Reports: Times [London] - 24 February 1898 
       Press Reports: Times [London] - 25 June 1894 
       Press Reports: Times [London] - 27 April 1897 
       Press Reports: Times [London] - 28 March 1895 
       Press Reports: Times [London] - 30 April 1888 
       Press Reports: Times [London] - 4 May 1897 
       Press Reports: Times [London] - 5 April 1898 
       Press Reports: Times [London] - 5 July 1902 
       Press Reports: Times [London] - 6 October 1891 
       Press Reports: Times [London] - 9 April 1895 
       Press Reports: Times [London] - 9 February 1897 
       Press Reports: Times [London] - 9 July 1883 
       Press Reports: Times [London] - 9 June 1888 
       Ripper Media: Jack the Ripper: A Suspect Guide - Dr. John Williams 
       Ripper Media: Uncle Jack 
       Suspects: Dr. John Williams