MAGISTRATE'S COURT.

Wairarapa Age, Volume XXX, Issue 8412, 29 April 1907, Page 7

MAGISTRATE'S COURT.

M ASTERTON—SATUR DAY,

(Before Mr W. P. James, S.M.) i On the information of Tobias Milkier, Caleb Y. Dally was charged with .having applied to a bottle of alleged creasoted lung balsam, the registered •trade mark of the informant, viz., ""Dr Ridgway's Creasoted Lung Balsam." Mr C. A. Pownall appeared for the informant, and Mr B. J. .Dolan for the defendant, who entered a plea of not guilty. Mr Pownall, in outlining the case, said that the informant had brought 9. penal charge against the defendant a civil action would have meant Supreme Court proceedings, which were too costly. The action had been merely to enforce the informant's right to the trade mark, and not with any desire that the defendant should suffer the full penalty of the law, which was two years' imprisonment in a case such as the one, under notice. The case for the informant was that the defendant had bottled a mixture, which had not manufactured by the informant, and' Jiad wrapped on the bottle a label purporting to have printed thereon the registered trade mark of the informant. The question to be decided was whether the defendant had any right to use the informant's trademark. In September last defendant and the wife of informant entered into a partnership, but dissolved three months later. When the partnership was dissolved and defendant "took • over the business on his own account, there were some large bottles of the informant's mixture in stock, but no small ones. Since then, the defend- . ant had sold a small bottle, which •did not contain the informant's mixture, but which bore a label on which "wai printed the informant's registered trade-mark. The informant had not given the "defendant any right to use the trade-mark, and the latter had been warned against using it. Tobias Miller, proprietor of the .trademark in question and Mis Miller .gave evidence bearing out counsel's opening statements. A. Rebay gave evidence as to purchasing from Dally a bottle of mixture bearing the informant's trademark. Cross--examined by Mr Dolan, witness stated that he did not "know the •exact mixture that the bottlg contained. " ( Mr Dolan did not call any evidence. He stated that he was prepared to admit the facts, but added that the defendant had been under a misapprehension when he used the label bearing informant's trademark. , The Magistrate said he did not think there had been a bona fide attempt to infringe the rights of the patent, and inflicted a nominal •fine of £1 with £2 costs. A" young man, named Ernest Sinclair, was charged with the theft •of various articles of clothing valued at £8 17s, the property of William Riddle, of Taueru. Mr Pownall, who appeared for the accused, applied for a remand, and \ asked for bail. The police offered no objection to the remand, but asked a substantial bail. The Magistrate adjourned the case until Wednesday next. Bail was fixed in one surety of self at £SO and • another at £SO.