Prince Albert v Strange

Equity will restrain the publication of information obtained through a breach of confidence, such as a catalogue of private etchings made by Queen Victoria and Prince Albert.

Citation
(1849) 1 Mac & G 25
Court
Court of Chancery
Year
1849
Subject
Intellectual Property Law
Topic
Breach of confidence and trade secrets

Facts

Queen Victoria and Prince Albert made etchings of their family and friends for their private enjoyment, which were printed privately. A workman employed by the printer secretly made copies, which came into the hands of Mr Strange, who prepared a catalogue of the etchings for a public exhibition. Prince Albert sought an injunction to restrain the exhibition and the publication of the catalogue.

Legal principle

Lord Cottenham LC granted the injunction. He said that the injunction could be granted on the ground of the claimant's property in the etchings, but that it was also justified on the ground of breach of trust, confidence or contract, because the copies had been obtained through a breach of confidence by the printer's employee. The defendant could not use information that had been obtained in breach of confidence, even though he had not himself been a party to the breach. The case is regarded as the foundation of the modern law of breach of confidence.

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