TAXI-OWNERS AT LAW.

Press, Volume LXVI, Issue 20103, 5 December 1930, Page 21

TAXI-OWNERS AT LAW.

INJUNCTION SOUGHT. INFRINGEMENT OF TRADE NAME ALLEGED.

]Nfaiuiairung that by calling Jns taxi a "Gold Crown Taxi," "William George Dix, taxi-proprietor, of Christchurch, was misleading the public into thinking it was a "Gold Band Taxi," Charles Seymour Trillo, taxi-proprietor, of Christchurch, applied for an injunction in the Supreme Court yesterday restraining Dix from using the words "Gold Crown Taxi," and from imitating in the get-up of his taxi the get up of a Gold Band taxi. His Honour Mr Justice Adams wiis on the Bench. Mr C. S. Thomas appeared for Trillo and Mr W. J. Staeey for Dix. llr Thomas said the action was one for an injunction to restrain the defendant from using the words "Gold Crown Taxi," and from imitating in the getup of his taxi the get-up of the plaintiff's taxis. The plaintiff had been operating his.fleet under the nauio of "Gold Band Taxis" since July, 1029, had advertised extensively, and had built up a considerable goodwill round the name "Gold Band Taxis." Continuing, Mr Thomas said that at present the plaintiff was operating 40 taxis, and employed 70 men to drive them. They were known everywhere as "Gold Band Taxis," and had been advertised extensively as such. A substantial goodwill had been built up round the name.

Several drivers had left plaintiff's employ and started a new taxi concern which they called "Gold Crown Taxis." The key word was ''gold," and the words "Gold Band" should be protected. The plaintiff's ex-employees had chosen the name of their firm with the sole purpose of getting business because of the similarity of names. Albert David Day, manager for the Gold Band Taxis, said that plaintiff was the sole proprietor of the businses. The firm had advertised extensively as Gold Band Taxis. Some of the drivers had left and started another business, and called it Gold • Crown • Taxis. The defendant had been a driver for Gold Band, and was now driving a cab callod "Gold Crown Taxi." "Ride in Gold Band Taxis" bad been an advertising slogan of the firm. Sometimes- when witness answered the' telephone people said, "Is that the Gold Crown Taxis?" Witness would reply, "No, Gold Band." Then sometimes one of plaintiff's cabs would bo hired, and sometimes the person ringing would hang up.

The Defence. The statement of defence was a general denial of the allegations contained in the statement of claim. Mr Stacey said the action had been relegated to"the use of the word "Gold" and to the window in the Square. The plaintiff had required an injunction because the ears were similar, but now wanted the restraint of the word "Gold." He submitted that there could be no monopoly of a colour. Defendant had used the word "Gold" because it was the only proper word to go with the word "Crown." The -word was used as part of the name, not as a colour. Further, any injunction granted would injuriously affect other drivers of similar cars, who were not before the Court. The plaintiff had. sued only ono, and should have sued all of them. There was no evidence that plaintiff had lost any business by reason of defendant using the description of "Gold Crown Taxis." William George Dix said that ho had started using Gold Crown Taxis on August 18th. He had received a letter of complaint from plaintiff's solicitors. He had picked the word "Crown" for a sign name, and thought that the words "Gold Crown" would hurt no one. There were already firms known as "White Diamond" and "White Circle." To his knowledge there had been no confusion between "Gold Band" and "Gold Crown" tax is.

An Advertisement Forgotten. To Mr Thomas -witness said he thought ha could register the words "Gold Crown," but found that ho could not. Mr Thomas: Was it not part of your scheme to advertise that you and the other drivers were ex-Gold Band drivers who had started on their own?— No. Mr Thomas: Then how do you account for this advertisement in the papers: "Wlio are the Gold Crown Taxis? Why, Gold Band drivers on their own." —I had forgotten it. How long was that advertisement in? —For a week. Witness admitted that he could have called his taxi "Crown Taxis." On the window which faced the Square all the public could see were the' words "Gold Taxis"; there was only a picture of a crown. Stephen .James Morrigan, telephone attendant at the Gold Crown Taxis office, said that lie did not know of any cases of confusion between Gold Crown Taxis and Gold Band Taxis. The Court adjourned while his Honour inspected the defendant's taxi and a taxi belonging to plaintiff. His Honour reserved his judgment.