WHAT'S IN A NAME?

Evening Post, Volume CV, Issue 87, 12 April 1923, Page 8

WHAT'S IN A NAME?

INTERESTING POINT FOB APPEAL 7 COURT. An interesting point was raised in the Appeal Court to-day in a case on appeal from the decision of the. Chief Justice (Sir Robert Stout). Briefly, the Court was asked to determine whether a partial similarity of names of two companies could be held to be sufficient to mislead each other's customers to an extent justifying the Court to restrain the later registered' company from the use of their name. The appellants were the National Timber Co., Ltd., of Ngongotaha, and the respondents the National Hardware Timber and Machinery Co., of Christchurch. Both companies carried out business in the Auckland district. . . ■ ■ , , On the Bench were Mr. Justice Hosking, Mr. Justice Herdman, Mr. Justice Salmond, and Mr. Justice Reed. Mr. 0. T. J. Alpers appeared for the appellants, and Mr. W. J. Hunter for'the respondents. The Chief Justice, after hearing the case, declined to grant an injunction. The claim of the appellant company was that the company was registered on 29th November, 1920, and had since' been carrying on business in and around Auckland. They had never consented to the registered name of the respondent company, and alleged that the similarity in names had deceived a number of customers and the general'public. The appellant company sought an injunction restraining the defendant company from remaining registered under the Companies Act, 1908, under its present name, or any other name likely to lead to misconceptions. It was denied by the respondent company that its name was bo similar to that of the appellants' as to deceive. It was pointed out that when application was first made for registration the name read National Timber, Hardware, and Machinery Co., and the words Timber and Hardware were then transposed in order to meet with an objection by the Registrar. (Proceeding.)

The Sydney Street Hall was comfortably filled on Saturday night last, on the occasion of one of a series of dancos hold by the management of Jazzlond. Tutschka's Orchestra of six players supglied the music, which was.a feature of the evening. Theso popular dances will bo repeated ovary Saturday night throughout the winter season.