COMPANY'S NAME

Evening Post, Volume CX, Issue 86, 8 October 1930, Page 17

COMPANY'S NAME

i_—:——*—-—:— QUESTION OF CONFUSION

On the, ground that confusion would arise, his Honour Mr.-. Justice Ostler iv a reserved decision delivered yesterday dismissed a motion heard in the Supreme Court last month on a petition for the approval of the Court of a change of name of a Wanganui company, Kings-way (Wanganui) Ltd., to British New Zealand Motors, Ltd.

The facts as shown were that the company wished to drop" an agency for an. American motor-car, to increase its capital, and to acquire the wholesale distributing agency for New Zealand of certain British motor-cars. In ordei* to describe adequately its new business by its name, :the company wished to change its name to British ivew Zealand Motors, Ltd. The motion was opposed by a company incorporated in Auckland iii January last under the name of British Motors, Ltd. The question for the Court was whether the name the Wanganui eom.pany desired, to. adopt so nearly resembled the name of the Auckland company as to be calculated to deceive.

His Honour said he confessed his mind had fluctuated on the point. It might be that another mind would view the question differently and come to the opposite conclusion, but in his Honour's opinion the names were so similar that there was bound to be confusion where the two companies were carrying on such similar businesses. If the Wanganui company were to adopt some name in which the word "British" did not come first it would, in his opinion, be entitled to use that word. Such a name as AngloBritish Motors, Ltd., would describe equally well the business1 of the company, and would remove all chance of confusion. The motion was dismissed with £6 6s costs and disbursements. At the hearing Mr. C. Palmer Brown appeared in support of the motion, and Mr. H. Johnston, K.C., with Mr. S. Fitzherbert, to oppose.