CONFECTIONARY PATENT

Hokitika Guardian, 27 May 1930, Page 3

CONFECTIONARY PATENT

ALL EG ED INFRINGEMENT

lij leiegiaph Per Piess Association

DUNEDIN, May 2d

111 the Supreme Court Charles Bertram Colby, of Los Angeles, Uniteu ■States, applied for an in.iunction restraining the Dunedin. Lee Cream Manufacturing Coy. from infringing am his patent rights, it being claimed that the “Royaiettes” mitde by the ■company were similar to the lkayuiuio Pies for which plaintiff held the -patent .“rights in New Zealand. Jhe ease is proceeding. Mr Perry, of Wellington, who appeared for the plain tilt, claimed thu. the confection know as “Eskimo Pie,” and the process of its manufacture were protected under letters patent, and that the manufacture-of I ‘Royaiettes’'’ by' the defendant company was an infringement of those rights. For the defendant Mr Sinclair •laimed that the plaintiff had wrongly obtained from his predecessors letters patent 'for an alleged new article, which was not really new, nor was the process new. It was also claimed that the application must fail on the ■ground of want of novelty. The defence contended that, >in respect of foodstuffs and medicinal preparations 'he process should be new before letters could be obtained, whereas the process of manufacture In this case was a combination of simple and wellknown process, which were among Die oldest known in the confectionery trade. TTis Honour reserved his decision.