SUPREME COURT.
"THE ELEPHANT AND PALM TREE." A TOBACCO BRAND. In the Supreme Court yesterday morning, tho Chief Justice heard a petition from Thomas Bear anil Sons, Ltd., by way of appeal from • a decision of tho llegistrar of Patents. . Prior to January 1, 1890, when tho "Patents, Designs, and •Trade Marks Act, of 1889/' came into force, the petitioners used, in connection with a trade in tobacco conducted in Isew Zealand tho design of on elephant and a palm tree, as c trade mark. Hie trade mark, however, was' not registered. In 1897 David Dunlop, of the United States, registered a similar trade mark, also used iit connection with the sale of tobacco. In 1909 Bear and Sons applied to have their trade mark' registered, but the application was thrown out. The Chief Justice, by consent of the parties interested,, ordered the Registrar to register the trade mark of Bear and Sons. iiJach party is to pay its own costs. Mr. M. Myers appeared for Bear and Sons, Mr. IC. KirkcaJdie for David Dunlop, and Mr. T. Neavo on behalf of the Registrar of Patents.
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https://paperspast.natlib.govt.nz/newspapers/DOM19101123.2.7.1
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Dominion, Volume 4, Issue 981, 23 November 1910, Page 3
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186SUPREME COURT. Dominion, Volume 4, Issue 981, 23 November 1910, Page 3
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