USE OF SURNAME

Dominion, Volume 8, Issue 2447, 28 April 1915, Page 8

USE OF SURNAME

POINT IN COMPANY LAW RAISED. (By Telegraph.—Press Association.) Auckland, April 27. Ah interesting' point was discussed at the Supremo Court this morning on the question of the right of a commercial firm to the exclusive right of a surname by registering •it under the tympanies Act. The matter arose from an application by Dr. Dean Bamford for an order under the Companies Act, 1908, giving permission to the firm of J. C. Spedding, Ltd., to change its name to that of Spedding, Ltd. His Honour: I have some difficulty about making this order. It seems to me that it would give a monopoly to your firm over the surname which theymight have obtained in the first place. The _ name must not be calculated to deceive.

Dr. Bamford: The name at present is J. C. Spedding, Ltd. ' _ His Honour: Yes, that is distinctive, but I cannot., give s'ou a monopoly of the name of Spedding. When one comes to the case of a company's name one has to consider the question of deception. The question is a serious one. You will find in the south at least one firm registered under the name of Shedding. . In England thoy require if there is already- a surname registered of the same kind that soine distinction shall be given. . Dr. Bamford: I can quit© understand the objection if there were a Spedding already in existence. ' The Judge:'l am pretty well sure that there is a Spedding and Son, Ltd., in Now Zealand. A man has no right to turn his name into a limited com-, pany. He can use his own name or any name he chooses to trade under, but when he registers it .he is then put in a position ol' opposing anyone else registering the_ same name.. You give him a right rthich ho would not otherwise, possess. You have 'hitherto gone under the name of J. C. Spedding. I don't think it is a matter of business to Grant the order. lam confident that it ought not to be allowed as it is an encroachment upon the rights which others might have. It gives your client a footing to the surname of Spedding under all company nameß, > and anyone else would have to registor undor some other .distinctive name. Finally, in order to give Dr. Bamford an opportunity of answering objections, His Honour adjourned the matter until next Chambei day.