SUPREME COURT.

Dominion, Volume 7, Issue 2004, 11 March 1914, Page 5

SUPREME COURT.

THE TRADE MARK "BENGAL." Mention was mado iu tho Supreme Court yesterday of an action, heard last week, wherein lcavo had been asked to [proceed with an. application for registration of the trade mark "Bengal." Tho application was made , by tho Bengal Iron and Steel Company, under Section G4 (o) of tho Patents Designs and Trade Marks Act, 1911. Mr. P. B. Cooko appeared in support of tho application. Mr. P. S. It. Macassey, of tha Crown Law Office, appeared for the Registrar of Patents. Grounds of the application were: (1) ■That, by virtue of long-continued tis'e, tho word "Bengal" had been rendered distinctive lor tho pitr-iron manufactured solely by tho Bengal Iron and Steel Company; (2) that the adoption of any other trade mark would result in great loss to tho applicant; (3) that the affidavits set out further grounds in support, viz., that purchasers used tho name "Bengal" when applying for the iron, that tho iron had obtained a "widely established reputation" throughout New Zealand, and that tho brand sold under the namo in New Zealand was manufactured solely by tho applicant company, etc. When the case was previously before tbo Court, Mr. Justice Hosking had reserved his decision, and. Mr. Cooko had intimated that ho would, without further direction, filo an affidavit showing that this iron comes from Bengal, and is manufactured nowhere else. Yesterday Mr. Cooke informed His Honour that tho additional affidavit had been filed, and that Mr. P. S. K. Maeassoy (appearing for the Registrar of Patents) would like to address the Court ipon the additional matter contained in tho affidavit.

His Honour: I do not know whether your affidavit will alter my view, but I am against you. I lia'vo written a jndtment, ond I do not think that tho affidavit will alter the position. However, I will lot Mr. Mae.isis n v. know if it is necessary to hear,him."

THE STASIP CASE. In tlio Supreme Court yesterday, 'before Mr. Justice Hoskinp;, hewing was cr.ncluclocl of'the action in which Alexander Brodie, stamp merchant, of Wcl- . limzton, proceeded against tlio Stanley Stamp Company (in which company Cmirles Henry Osmond, of Wellington, and Alfred "James Stone-Wiaig, of Opnki. both sheep-farmers, were partners) for rescission of an agreement to. purchase.. 51 r. C. B. Morison, K.C., with him Mr. G'. Samuel, appeared for Brodio, while slr. V. R. Meredith appe.nred for the defendants. Particulars <if the statement of claim and of tl)O defence were published last week. ' " ' ■ Ai'tor heaving addresses <if couufel yesterday, His Honour reserved decision.