PATENT RIGHTS

Evening Post, Volume CIX, Issue 123, 27 May 1930, Page 14

PATENT RIGHTS

AN ALLEGED INFRINGEMENT

(By Telegraph.—Press Association.)

DUNEDIN, 26th May.

In the Supreme Cburt to-day, before Mr. Justice Kennedy, Charles Bertram Colby, of Los Angeles, proceeded against the Dunedin Ice Cream Manufacturing' Company on a claim for injunction for alleged infringement of patent rights. Mr. Parry, of Wellington, who appeared for plaintiff, claimed that the confection known as "Eskimo pie" and the process of its manufacture were protected under letters patent, and that the manufacture of "royalettos" by the defendant company was infringement of,those rights.' For the dofendant, Mr. Sinclair claimed that the plaintiff had wrongly obtained from his predecessors letters patent for an alleged new article which was not really new, nor was tho process new. It was also claimed the application must fail on tho ground of want of novelty. The defence contended that in respect' of foodstuHs and medicinal preparations the process" should be new before letters could be obtained, whereas the process of manufacture in this case was a combination of simple and well-known processes' which • were among the oldest, known in the confectionery trade. His Honour reserved his decision.