“NEW ZEALAND-MADE”

Gisborne Herald, Volume LXVI, Issue 20068, 14 October 1939, Page 10

“NEW ZEALAND-MADE”

ALLEGED WRONGFUL USE CHRISTMAS STOCKINGS SWEET FIRM CHARGED (Per Floss Association.) AUCKLAND, this day. The alleged wrongful use of the words “Made in New Zealand,” in connection with goods contained in Christmas stockings, was the basis of an action brought against James Stedman Henderson Sweets, Limited, by the Commisioner of Patents and Trade Marks, which was heard in the Magistrate’s Court before Mr. C. R. Orr Walker, S.M. Mr. Meredith appeared for the plaintiff, and the defendant company was represented by Mr. Finlay, The use of the words “Made in New Zealand” tended to mislead any person as to the place of manufacture of the goods, sqid Mr. Meredith for the plaintiff. The defendant company, he said, manufactured for the retail trade Christmas stockings, the prices ranging from fid to £1 Is. One stocking concerning which the charge was laid was bought by a representative of the Commissioner of Patents and Trade Marks, and it was found that of the 16 articles which it contained nine were made in Japan, one in Australia, and only six in New Zealand. On it was a circular label which bore the words mentioned in the charge. If the label was a definition of the place of origin of all the goods in the stocking, said Mr. Finlay, it was a misrepresentation. He contended, however, that the articles themselves were stamped with their place of origin, and that the label was intended to relate to the stocking as a composite unity. -The attraction to the buyer was not in the individual items but in the stocking as a whole. In that case, he said, the stocking could be defined as “Made in New Zealand.” Between 70,000 and 80,000 Christmas stockings, which required considerable local preparation, had been manufactured last year, giving employment to' 12 girls for three months before Christmas.

The Magistrate reserved his decision,