SUPREME COURT

Press, Volume LXX, Issue 21330, 24 November 1934, Page 22

SUPREME COURT

(Before his Honour Mr Justice Johnston.) FRIDAY. WRONGFUL USE OF TRADE MARK A settlement of a claim seeking an injunction against further use of a trade mark and damages for alleged wrongful use of that trade mark was approved in the action in which Penfolds Wines. Ltd. (Mr A. H. C. Cavell) proceeded against Saverio Massetti (Mr A. C. Brassington), a publican of Christchurch. Mr Cavell. for the plaint ff company, said that the claim concerned the infringement of the trade mark "Penfolds," or the passing eff of wine not Peni'olds as such. A settlement had been reached under which the defendant paid £lso—which was inclusive of all damages and costs—the injunction sought was granted, all infringing labels and containers were delivered to the p'amtiff cimpany, and the copy of the order was advertised in the newspapers. Mr Brass'ngton consented to the order. His Honour approved the settlement ord:r. SETTLEMENT OF DAMAGES CLAIM A settlement at £SO was reached in the case in which Ngaire Bell Andrew, a chop ps:istant, claimed £3 19s 6d special and £75 general damages from Edward Clifford Kaler. a tailor of Christchurch. Mr J. A. appeared for plaints. The action arose from an accidont on May 27. 1934, when plaintiff, a pillion passenger en a motor-cycle ridden by Gavin Raymond Boyce, a farm labourer, of Addington, came into collision with a motor-car driven by Kaler at the corner of Buckley's road and St. Keliers street. Mr Niblock explained that the settlement had been reached but the court's approval was necessary as plaintiff was under the age of 21 years. It was agreed that the £SO cover general ana sp-cial damages. The seit'ement was approved.