FLORIDA WATER.—TRADE MARKS SUIT.

Auckland Star, Volume XI, Issue 3128, 24 July 1880, Page 3

FLORIDA WATER.—TRADE MARKS SUIT.

Supkeme Court of New South Wales

Tiiubsday, May 13, 18S0,

In Equity.—(Before His Honor Mr Justice Hargrave, Primary Judge.)

Kemp v. Moore.—This was a suit instituted by the proprietors of Murray and Lanman's Florida Water, to restrain the defendant, Charles Moore, Pitt-strcot,from selling scent bearing a similar lablc to that registered by the plaintiff. It appeared from the affidavit filed on behalf o£ the plaintiff that the label, the piracy of which was complained of, had been originally invented by the predecessors of the plaintiffs' firm, as far back as 1842; aud that such lable had been used by them ever since ; but a°3 usual, when the brand became favourably known in the trade, various piracies and colourable imitations were foisted on the public, and they found it necessary to register the trade mark, which they did in this colony in 1873. Last year the plaintiffs' agents found that the defendant was selling scent bearing a lable almost fac-siinilc of that used by the plaintiffs, with the names of " J. Delcroi.v and Co., 158, New JJoud-street aud Hatton Gardens, London" in a circle, and " Price and Co., 206, Kegeiit-street and Halton Gardens, London" also in a circle in the place of the plaintiffs' names. Proceedings were shortly afterwards instituted, aud stood over by arrangement, to enable the defendant, who was only a consignee, to refer to his princiDles in London. Mr Owen, instructed by Messrs 13'adley and Son, now moved for an injunction, to the hearing of the cau?e, to restrain the defendant from selling, or causing to be sold, any Florida Water bearing a labol only colourably differing from the plaintiffs' trade mark.

Mr Dawson, instructed by Messrs Stephen, LawrenceanflJJaque?, appeared for the defendant, and consented to :i decree for a perpetual injunction. No order was made to costs, defendant having paid same. The proceedings were instituted by Messrs Lanman and Komp, of New York, through their Attorneys and Sole Agents, Messrs Moas and Co., of Sydnoy.