A LAWSUIT ABOUT WAHOO.

Auckland Star, Volume XXVIII, Issue 298, 23 December 1897, Page 2

A LAWSUIT ABOUT WAHOO.

(By Telegraph.—Press Association.)

DUNEDIN, Wednesday.

Mr Justice Williams to-day gave his decision in a case in which Loasby's Wahoo Manufacturing Co. asked for an injunction to restrain Dutfcon, a chemist, from using the word "Wahoo," as a description of, or in connection with, any medical preparation manufactured by him. His Honor said the plaintiff manufactured a medical compound, which he calls " Wahoo," or digestive syrup, Wahoo being a drug which has digestive properties. He states on the wrapper that it is an extract of American roots, barks, and herbs. The medicinal properties of Wahoo are contained in the bark of branches and roots, and the plant grows in North America. These are the representations by which persons in the trade would be led to believe the compound was compounded of "Wahoo." This representation is absolutely untrue, as Loasby admits there is no Wahoo in the compound at all. Defendant's compound, on the other hand, is made of Wahoo, and professes to be made of it. Plaintiff, therefore, who unduly represents the medicine to be made of a particular drug, seeks to restrain defendant from selling that drug, and from calling it by its proper name. That he cannot do. Judgment was given for the defendant. Stay of the proceedings in view of appeal was granted, the costs to be paid to the defendant's solicitors, to be returned if the appeal is successful.