"PIRATED" COLOURS.

Auckland Star, Volume LXIII, Issue 136, 10 June 1932, Page 3

"PIRATED" COLOURS.

ACTION BY TAXI CAB FIRM COURT AWARDS DAMAGES.

INJUNCTION MADE PERMANENT

Action was brought in the Supreme Court, to-day by "Atta" Taxis, Ltd., for damages against Doris Chamber?, registered owner of two taxi cabs, on the ground that defendant had deliberately adopted the colour scheme used by the plaintiff company. It was alleged that the predominating colour of battleship grey, an<l the arrangement of colour design had been so closely copied as to mislead the public and secure patronage jntended for "Atta" Taxis, Ltd.

Counsel appeared for the plaintiff firm, full title is Air Transport and Touring Automobiles of New Zealand, Ltd.

It was stated that the. plaintiff company was incorporated on November 20, 1931, and is now the owner of 47 taxi cabs. An interim injunction was obtained against defendant on March 23 last. Application was made to-day to have the injunction made permanent.

The defence was that the design of defendant's cars was sufhcientlv- distinctive to differentiate it from those of the plaintiff company. When the case opened, counsel for the defence said that as soon as the interim injunction was obtained, the design of the defendant's taxis was altered.

Plaintiff's counsel said' the tops of the defendant's cars had been painted black, but that was not sufficient to distinguish them from those of the company. The cars in respect of which action was taken were registered in the name of the daughter of Mr. and Mrs. Chambers, ■who owned them. Miss Chambers was only the nominal owner. Damages of £2-5 was claimed. '■Pirating of colours las been going on for some time," said counsel, "and it is a form of dishonesty ■which has no remedy outside the Court." Counsel added that last year action ■veae taken against defendant on similar grounds by two other taxi cab companks. At the end of last year when this new industry was started, the defendants immediately proceeded to "pirate" their colour scheme. Mr. Justice Smith said the amount claimed as damages appeared reasonable. He gave judgment accordingly, •with costs against defendant, and directed that the injunction should be made permanent.