BLAZER DESIGNS.

Auckland Star, Volume LXIV, Issue 135, 10 June 1933, Page 10

BLAZER DESIGNS.

ALLEGED PIRATING.

WELLINGTON COURT CASE

ARE THEY REGISTERABI/E ?

(Ey Telegraph.—Press Association.)

WELLINGTON, Friday.

Of late the alleged pirating of colours in the manufacture of blazers has been the subject of discissions at meetings of college old boys associations and consequently has gained some prominence. Interest therefore exists in a case whien came up in t:je Supreme Court to-day, when William Kenneth Hardie Osboru was the plaintiff and Rose and Glendining, Limited, the defendant. Osborii, an outfitter, claimed to be the registered proprietor of the design accepted by the Wellington College Old Boys' Association tor 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 or 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 regisi terable at all, as it was a point upon ! which they were anxious to obtain n decision. His Honor said 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 Dublic. 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 cla<=6 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.