MAN DENIED USE OF TRADE MARKS

Press, Volume CVIII, Issue 31828, 5 November 1968, Page 30

MAN DENIED USE OF TRADE MARKS

(N.Z. Press Association) AUCKLAND, Nov. 4. An injunction restraining Mr T. Chan from selling goods under the names Janola and Harpic was issued by Mr Justice Richmond in the Supreme Court at Auckland today.

Reckitt and Colman, New Zealand, Ltd (Mr M. E. Casey), sought the injunction against Mr Chan, trading as Home Distributors, Mount Roskill. The action was not defended. In its statement of claim, Reckitt and Colman, Ltd, said

it was proprietor of the two trade marks.

In June and July this year the defendant started to advertise, send out circulars, and sell goods under these names to the public. He had no permission to use the trade marks, and had refused to stop using them. The company asked for damages from the defendant, but Mr Casey said that only nominal damages were sought. His Honour issued an injunction restraining Mr Chan and his servants or agents from advertising, selling any goods ; under the names, or under any other mark that might be so similar to these names that they might cause confusion, or to carry on business in such a way as to lead the public to believe that he had any right to use such marks. He also made an order directing that all advertising material and circulars of the defendant bearing the name or marks be delivered to the plaintiff. His Honour awarded $lOO general damages to Reckitt and Colman, Ltd.