BLAZER DESIGNS.

Auckland Star, Volume LXIV, Issue 134, 9 June 1933, Page 8

BLAZER DESIGNS.

ALLEGED PIRATING.

WELLINGTON COURT CASE.

ARE THEY REGISTERABLE ?

(By Telegraph. —Press Association.) WELLINGTON, this day. Of late the alleged pirating of colours in the manufacture of blazers has been the subject of discussions at meetings, of college old boys associations and consequently has gained some prominence. Interest therefore exists in a case which came up in the Supreme Court to-day, when William Kenneth Hardie Osborn was the plaintiff and Ross and Glendining, Limited, the defendant. Osborn, an outfitter, claimed to.be the registered proprietor of the design accepted by the Wellington College Old Boys' Association for a blazer and sought an injunction restraining defendant, from using the design, and claimed £100 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 in question. During the hearing it came up that plaintiff had published the design prior to obtaining registration making it evident that registration lost whatever it might have had and the expunging order was agreed to. Counsel for Ross and Glendining said it had been intended to argue the question of whether such designs were regibterable at all, as ft was a point upon which they, were anxious to obtain a decision. . . .. ' •;: His Honor said he had looked through the affidavits and the point, had occurred to him. "The lAatter was no doubt of importance to the parties, and possibly also to some sections of the cublic. Among the affidavits filed in the case on behalf of the defendant was one by the manager of a woollen company, who said he had never known any design 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 design.