BLACK AND CREAM OR BLACK AND WHITE?

Sun (Auckland), Volume I, Issue 163, 30 September 1927, Page 9

BLACK AND CREAM OR BLACK AND WHITE?

TAXI CO. CLAIMS INJUNCTION Press Association. WELLINGTON, To-day. The Court of Appeal is dealing to-day with Black and White Cabs, Ltd., v. Bernard McEneany, one of the four cases brought by the appellant company against four different defendants and heard at Wellington in June last. In each case the company asked for an injunction against the defendant to restrain him from using a taxi-cab so painted or got up as to resemble the taxi-cats of the company, and to be calculated to deceive the public into believing that it belonged to the company. Mr. Justice Alpers. who heard the case, granted an injunction against three of the defendants, but not against respondent. In this appeal the appellant now seeks an injunction against the respondent also. Mr. Watson said that McEneany had recently sold his cab to one of the other defendants. He had now entirely repainted it, and made it chocolate and cream, instead of black and cream. In its present colour, appellant could not raise any objection to the cab. Mr. Justice Sim: Then why do you go on with the appeal? Mr. Watson: Because :if the judgment of Mr. Justice Alpers stands, it would be open for any company to import from America hundreds of cabs of exactly the same make as the Black and White, paint them black and cream, and the whole of our goodwill would be gone.