LAW REPORTS.

Dominion, Volume 6, Issue 1839, 27 August 1913, Page 11

LAW REPORTS.

SUPREME COURT,

TANCLE OYER TRADE MARKS AMERICAN ARTICLE.

'l'ho problem of a trade mark was unfolded (but not solved) at tlio Supremo Court, before his Honour Judgo Sim, in a case in which the C. A. Edgartou Manufacturing Company, Boston, sued Wright, Dixon, and Witt, Wellington, claiming an injunction to restrain defendants from selling "President" suswhich are not manufactured by plaintiffs. Wright. Dixon and AVitt claimed to hnvo purchased the suspenders from a firm at Niagara. Falls, and that these held a trado mark for Canada, 'l'ho Boston Manufacturing Company's claim to hold tlio trade mark for the United States and New Zealand was registered in both countries. Wright, Dixon and AVitt's trade mark only applied to Canada. Mr. Stanton (Auckland) asked for a three months' adjournment, remarking that tlio action,had been in progress for over three years and that various affidavits had been put in. His Honour thought the caso would bo more satisfactorily disposed of by evidence, adding, "Men swear affidavits and use words put into their mouths." Mr. Young, who represented plaintiffs, opposed such a lengthy adjournment, and pointed out that under Rule ■171 his Honour could either decide tho matter on- tho affidavits filed, or could refer it for trial by jury. Counsel added that- Mr. Stanton was quite right in stating that the action had been going on for years. Ttyerc had been an attempt to settlo the case in America, as it was a light botween the peoplo who owned tho trado, mark in the States and those who owned it in Canada. Both had come to New Zealand, but plaintiffs were registered here. Tho action was .referred back to America with a viow to ascertaining whether it could not be settled there. No agreement was arrived at, however, and a motion was eommcnecd', but discontinued. This action was then comriienced on. February 26 last, and the motion for tlio injunction was sot down for March 6, but Mr. Doran, one of tlio principals, was expected to arrive in Now Zealand on March 27. and so it was adjourned. On arrival Mr. Doran made an affidavit, which was sent to tho States, and they had received an affidavit in reply. Now Mr. Stanton asked for au adjournment, so that tho sceond affidavit could be answered, but he submitted that lie was not entitled to that. It was unreasonable to' ask for another threo months' adjournment unless Mr. Stanton consented to an interim injunction. His Honour: Unless you come to somo arrangement I shall have to proceed with the ease. Ho did not think thorn was anything in the affidavit tfhicli required a reply. Mr. Young agreed to an adjournment for a few weeks, and his- Honour adjourned tlio hearing until Wednesday, Septcniber 24. CLAIM FOR FREIGHT. The case Maoriland Shipping Co. v. Easson, Ltd., claim for freight, was adjourned until to-day,