DESIGNS OF BLAZERS.

Ashburton Guardian, Volume 53, Issue 204, 10 June 1933, Page 8

DESIGNS OF BLAZERS.

an injunction sought.

(Per Press Association). WELLINGTON, Juen 9

Of late the alleged pirating of colours in the manufacture of blazers has been a subject of discussion at meetings of College Old Boys Associations, and consequently has gained some prominence. Interest, therefore, lies in a case which came up in the Supreme ■Court to-day, when William Kenneth Hardie Osborn was the plaintiff and Ross and Glendining the defendants. Osborn, an outfitter, claimed to be the registered proprietor of a design accepted by the Wellington College Old Boys’ Association for a blazer, and sought an injunction restraining the defendant from using the design and clamed £IOO damages. A cross motion was filed asking for an order expunging from the register of designs the entry of plaintiff’s name as registrar of the design. During the hearing it came up that plaintiff had published the design prior to obtaining registration, making it evident that the registration lost whatever right it might have had, and the expnging order was agreed to. Counsel for Ross and Glendining said that it had been intended to argue the question of whether such designs were registrable at all, as it was a point upon which they were anxious to obtain a decision.

His Honor said that he had looked through the affidavits and the point had occurred to him. The matter was, no doubt, of importance to the parties, and possibly, also, to some sections of the public. Among the affidavits filed in the case on behalf of defendant was one by the manager of a woollen company, who said that he had never known any desigm in the class of goods in question which had been registered or protected against manufacture. Another company manager expressed the view that there was no originality in the design.