ESKIMO PIE

Southland Times, Issue 21093, 27 May 1930, Page 6

ESKIMO PIE

ALLEGED INFRINGEMENT OF PATENT RIGHTS. CASE BEFORE SUPREME COURT (Per United Press Association.) Dunedin, May 26. In the Supreme Court to-day before Mr Justice Kennedy, Charles Bertram Colby, of Los Angeles, proceeded against the Dunedin Ice Cream Manufacturing Company on a claim for an injunction for alleged infringement, of patent rights. Mr Parry, of Wellington, who appeared for plaintiff, claimed that the confection known as Eskimo Pie, and the process of its manufacture were protected under Letters Patent, and that the manufacture of “Royalettes” by defendant company was an infringement of those rights. For defendant, Mr Sinclair claimed that 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, the process should be new before letters could be obtained, whereas the process of manufacture in this case was a combination of simple and wellknown processes which were among the oldest known in the confectionary trade. His Honour reserved his decision.