MAGISTRATES’ COURTS.

Globe, Volume XXI, Issue 1670, 27 June 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Friday, Junk 27. [Before John Marshman, Esq., and F. Hobbs, Esq., J.P.’s.j Deunk and Dxsoedesly. —One old offending drunkard was fined 40s, with the alternative of four days’ imprisonment. Bseaoh of Trade Maeks Aci, —William Ellison Burke was charged with a breach of tho Trade Marks Act by selling a certain mixture called Morgan’s oil with a forged or counterfeited trade mark, knowing the same to bo forged. Mr Slater appeared for Mr James Smith, of Rangiora, in whoso behalf ho bad laid the information. The defendant admitted having sold a bottle of tho mixture on the 10th inst. James Smith, of Rangiora, deposed that some time ago ho purchased from the late Professor Morgan tho right of manufacturing aud selling the preparation known as Morgan’s. Ho had paid tho purchase money, £2O, to Mr Do Bourbel, and had since registered bis trade mark. Had since purchased from tho defendant the two bottles of Morgan’s oil produced, on which are affixed the counterfeited labels. Tho defendant, being sworn, put in a document showing his first connection with the late Professor Morgan ten years ago, and how he first acquired a right to sell his oil. The Bencli held that this did not affect tho case, as he w r as not charged with simply making or selling the article, but of using another man’s registered trade mark in doing so. Tho defendant said he was selling tho oil before Mr Smith obtained Iris trade mark, and it was simply through Ids own neglect that ho had not registered one for himself. Mr Slater did not press for the full penally ; all he wanted was to establish hie client’s legal right to his trade mark. The Bench held that an infringement of the law had been made, and inflicted a fine of 10s with costs.