Northway v Coulthard

The High Court of Australia considered an appeal from the Supreme Court of South Australia concerning the use of the word "Borsalino". The dispute centred on whether the word, initially a surname, had acquired a secondary meaning in Victoria to denote hats manufactured by the respondent.

The primary legal issue before the High Court was whether the word "Borsalino" had, in Victoria, acquired a secondary meaning denoting the hats manufactured by the respondent. This question was framed as turning solely on issues of fact.

The Court concluded that the word "Borsalino" had indeed acquired and retained a secondary meaning in Victoria, specifically referring to the hats manufactured by the respondent. Consequently, the Court found the orders made by the learned judge of the Supreme Court to be correct.

The appeal was dismissed with costs.